2019-04-23 04:00:18 Payroll English Overview of US Federal overtime laws/rules, and a supplemental state by state guide to ensure that small business owners know when they... https://quickbooks.intuit.com/r/us_qrc/uploads/2019/04/Overtime_pay_laws-_State-by-state_guide_featured-1.jpg https://quickbooks.intuit.com/r/payroll/overtime-pay-laws-state-by-state-guide/ Overtime pay laws: State-by-state guide

Overtime pay laws: State-by-state guide

16 min read

Managing payroll can be complicated, tracking hours, factoring taxes and other deductions and of course cutting the checks. Need another complication, don’t forget about overtime pay.

Like all other areas of employee management, there are guidelines. In the case of overtime, the Fair Labor Standards Act (FLSA) is the federal law that sets overtime payment requirements for workers in the US.

Under the FLSA overtime rules, you are required to pay your nonexempt employees a rate of 1.5 times the employee’s regular rate of pay for all hours worked beyond 40 in a workweek. Exempt employees are not eligible for overtime under the FLSA

Changes to overtime provisions of the FLSA started making headlines a few years ago when the Obama administration introduced major changes to base salaries required for employees to qualify as exempt.

Most of the changes never took effect because of court challenges, and alternative plans by the Trump administration. Regardless, overtime rules were not in question, and employers are only required to pay nonexempt employees overtime according to FLSA regulations.

In addition to FLSA overtime requirements, some states impose more restrictive overtime obligations on employers.

Need to know what rules apply to your workers? We have compiled a complete State by State guide to overtime.

Want an easier way to manage your payroll including over time. Check out QuickBooks Payroll.

Use this for quick access to your relevant state.

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Alabama

No Alabama law imposes rules on hours worked or overtime; therefore, the FLSA governs overtime requirements.

The Alabama Department of Labor manages wage and hour issues for Alabama.

Alaska

Alabama employers must pay overtime to nonexempt employees for all hours worked over 8 hours per day or 40 hours per week.

Certain employees may be exempt from these overtime requirements under a voluntary flexible work plan. The plan must be approved by the Alaska Department of Labor and Workforce Development, and the employee must consent to the plan in writing.

The overtime rate under Alaska law is 1.5 times an employee’s regular pay rate.

Arizona

No Arizona law imposes rules on hours worked or overtime law; therefore, the FLSA governs overtime requirements.

The Industrial Commission of Arizona manages state-specific wage and hour issues for Arizona.

Arkansas

Arkansas employers must pay overtime to nonexempt employees for all hours worked over 40 hours per week.

The overtime rate under Arkansas law is 1.5 times an employee’s regular pay rate.

Arkansas overtime laws are substantially similar to FLSA provisions. The Arkansas Department of Labor manages state-specific wage and hour issues for Arkansas.

California

California employers must pay overtime to nonexempt employees for all hours worked over 8 hours per day, or 40 hours per week. California’s overtime rules apply to California residents as well as out-of-state nonexempt employees temporarily working in California.

The standard overtime rate under California law is 1.5 times an employee’s regular pay rate. The overtime rate for any hours worked over 12 hours in a single day, or over 8 hours on the 7th consecutive day is double an employee’s regular pay rate.

The California Department of Labor Standards Enforcement site provides additional guidance on California wage and hour laws.

Colorado

Colorado employers must pay overtime to nonexempt employees for all hours worked over 40 hours per week, 12 hours per workday, or for 12 consecutive hours.

The overtime rate under Colorado law is 1.5 times an employee’s regular pay rate.

The Colorado Division of Labor Standards and Statistics manages state-specific wage and hour issues for Colorado.

Connecticut

Connecticut employers must pay overtime to nonexempt employees for all hours worked over 40 hours per week.

The overtime rate under Connecticut law is at least 1.5 times an employee’s regular pay rate.

The Connecticut Department of Labor manages state-specific wage and hour issues for Connecticut.

Delaware

No Delaware law imposes rules on overtime; therefore, the FLSA governs overtime requirements.

The Delaware Department of Labor manages wage and hour issues for Delaware.

District of Columbia

District of Columbia employers must pay overtime to nonexempt employees for all hours worked over 40 hours per week.

The overtime rate under DC law is 1.5 times an employee’s regular pay rate.

The DC Department of Employment Services manages wage and hour issues for the District of Columbia.

Florida

The FLSA generally governs overtime requirements in Florida. However, manual laborers are entitled to premium pay for all hours worked over 10 hours in a single day. This requirement only applies to hourly manual labor employees employed by the day, week, month or year.

Although Florida law requires premium pay for manual labor over 10 hours in a single day, the law does not provide a set rate.

The Florida Department of Business and Professional Regulation manages wage and hour issues for Florida.

Georgia

No Georgia law imposes rules on hours worked or overtime; therefore, the FLSA governs overtime requirements.

The Georgia Department of Labor manages wage and hour issues for Georgia.

Hawaii

Hawaii employers must pay overtime to nonexempt employees for all hours worked over 40 hours per week.

The overtime rate under Hawaii law is 1.5 times an employee’s regular pay rate.

The Hawaii Department of Labor and Industrial Relations manages wage and hour issues for Hawaii.

Idaho

No Idaho law imposes rules on hours worked or overtime; therefore, the FLSA governs overtime requirements.

The Idaho Department of Labor manages wage and hour issues for Idaho.

Illinois

Illinois employers must pay overtime to nonexempt employees for all hours worked over 40 hours per week.

The overtime rate under Illinois law is 1.5 times an employee’s regular pay rate.

The Illinois Department of Labor manages wage and hour issues for Illinois.

Indiana

Indiana employers must pay overtime to nonexempt employees for all hours worked over 40 hours per week.

The overtime rate under Indiana law is 1.5 times an employee’s regular pay rate.

The Indiana Department of Labor manages wage and hour issues for Indiana.

Iowa

No Iowa law imposes rules on hours worked or overtime; therefore, the FLSA governs overtime requirements.

The Iowa Workforce Development, Division of Labor manages wage and hour issues for Iowa.

Kansas

Kansas employers must pay overtime to nonexempt employees for all hours worked over 46 hours per week.

The overtime rate under Kansas law is 1.5 times an employee’s regular pay rate.

The Kansas Department of Labor manages wage and hour issues for Kansas.

Kentucky

Kentucky employers must pay overtime to nonexempt employees for all hours worked over 40 hours per week, and for hours worked on the 7th consecutive day of any workweek if the employee works any hours over 40 hours in that week.

The overtime rate under Kentucky law is 1.5 times an employee’s regular pay rate.

The Kentucky Labor Cabinet manages wage and hour issues for Kentucky.

Louisiana

No Louisiana law imposes rules on hours worked or overtime; therefore, the FLSA governs overtime requirements.

The Louisiana Office of Workforce Development manages wage and hour issues for Louisiana.

Maine

Maine employers must pay overtime to nonexempt employees for all hours worked over 40 hours per week.

The overtime rate under Maine law is 1.5 times an employee’s regular pay rate.

The Maine Department of Labor manages wage and hour issues for Maine.

Maryland

Generally, Maryland employers must pay overtime to nonexempt employees for all hours worked over 40 hours per week. However, agricultural employees, who are also exempt from FLSA overtime payment, may not be entitled to overtime payment until they have worked 60 hours in a week.

Employees in bowling establishments and certain mental institutions are not entitled to overtime payment until they have worked 48 hours in a week.

The overtime rate under Maryland law is 1.5 times an employee’s regular pay rate.

The Maryland Department of Labor, Licensing & Regulation manages wage and hour issues for Maryland.

Massachusetts

Massachusetts employers must pay overtime to nonexempt employees for all hours worked over 40 hours per week.

The overtime rate under Massachusetts law is 1.5 times an employee’s regular pay rate.

The Massachusetts Department of Labor and Workforce Development, and the Massachusetts Attorney General’s Office manage wage and hour issues for Massachusetts.

Michigan

Michigan employers must pay overtime to nonexempt employees for all hours worked over 40 hours per week.

The overtime rate under Michigan law is 1.5 times an employee’s regular pay rate. However, Michigan employees can elect to receive time off as an alternative to monetary compensation for overtime hours worked. In such case, the employee receives at least 1.5 hours off for each hour of overtime worked.

The Michigan Department of Licensing and Regulatory Affairs manages wage and hour issues for Michigan.

Minnesota

Generally, Minnesota employers must pay overtime to nonexempt employees for all hours worked over 48 hours per week. However, healthcare facility employers, with agreement from the employee, can agree to pay overtime for hours worked:

  • Over 48 hours in a single workweek, or
  • Over 80 hours in a 14 day work period

Retail and service employers may not need to pay overtime to their employees if both:

  • An employee’s regular rate of pay is more than 1.5 times Minnesota’s minimum wage, and
  • More than half of an employee’s regular pay is earned through commissions.

The overtime rate under Minnesota law is 1.5 times an employee’s regular pay rate.

The Minnesota Department of Labor and Industry manages wage and hour issues for Minnesota.

Mississippi

No Mississippi law imposes rules on hours worked or overtime; therefore, the FLSA governs overtime requirements.

No Mississippi government agency manages wage and hour issues for Mississippi.

Missouri

Generally, Missouri employers must pay overtime to nonexempt employees for all hours worked over 40 hours per week. However, certain amusement or recreational establishment employees are not entitled to overtime pay until the employee works more than 52 hours in a workweek.

The overtime rate under Missouri law is 1.5 times an employee’s regular pay rate.

The Missouri Department of Labor and Industrial Relations manages wage and hour issues for Missouri.

Montana

Generally, Montana employers must pay overtime to nonexempt employees for all hours worked over 40 hours per week. However, farm workers and student employees of seasonal amusement or recreational areas, who also receive room and board, are not entitled to overtime pay until the employee works more than 48 hours in a workweek.

The overtime rate under Montana law is 1.5 times an employee’s regular pay rate.

The Montana Department of Labor and Industry manages wage and hour issues for Missouri.

Nebraska

No Nebraska law imposes rules on hours worked or overtime; therefore, the FLSA governs overtime requirements.

The Nebraska Department of Labor manages wage and hour issues for Nebraska.

Nevada

Nevada employers must pay overtime to employees who earn less than 1.5 times the state minimum wage work more than 40 hours per week, or more than 8 hours in a day. However, overtime is not required when the employer and employee agree to a work schedule of 10 hours per day, for no more than 4 days in a single week.

The overtime rate under Nevada law is 1.5 times an employee’s regular pay rate.

The Nevada Department of Business and Industry manages wage and hour issues for Nevada.

New Hampshire

Generally, New Hampshire employers must pay overtime to nonexempt employees for all hours worked over 40 hours per week. However, this requirement does not apply to amusement, seasonal, or recreational establishment employers that either operate for seven months or less, or generate the bulk of their revenue in less than seven months of the year.

The overtime rate under New Hampshire law is 1.5 times an employee’s regular pay rate.

The New Hampshire Department of Labor manages wage and hour issues for New Hampshire.

New Jersey

New Jersey employers must pay overtime to nonexempt employees for all hours worked over 40 hours per week.

The overtime rate under New Jersey law is 1.5 times an employee’s regular pay rate.

The New Jersey Department of Labor and Workforce Development manages wage and hour issues for New Jersey.

New Mexico

New Mexico employers must pay overtime to nonexempt employees for all hours worked over 40 hours per week.

The overtime rate under New Mexico law is 1.5 times an employee’s regular pay rate.

The New Mexico Department of Workforce Solutions manages wage and hour issues for New Mexico.

New York

New York employers must pay overtime to New York resident, nonexempt employees for all hours worked over 40 hours per week. Non-resident, nonexempt employees, who work in New York, are entitled to overtime pay after 44 hours of work in a workweek.

Additionally, employers must pay employees for an additional hour of work, at least minimum wage rate, where any employee works more than 10 hours in a single workday.

The overtime rate under New York law is 1.5 times an employee’s regular pay rate.

The New York State Department of Labor manages wage and hour issues for New York.

North Carolina

North Carolina employers must pay overtime to nonexempt employees for all hours worked over 40 hours per week.

The overtime rate under North Carolina law is 1.5 times an employee’s regular pay rate.

The North Carolina Department of Labor manages wage and hour issues for North Carolina.

North Dakota

Generally, North Dakota employers must pay overtime to nonexempt employees for all hours worked over 40 hours per week. However, taxi drivers are not entitled to overtime payment until they have worked over 50 hours in a week.

The overtime rate under North Dakota law is 1.5 times an employee’s regular pay rate.

The North Dakota Department of Labor and Human Rights manages wage and hour issues for North Dakota.

Ohio

Ohio law follows the FLSA regarding overtime rules.

The Ohio Department of Commerce, Division of Industrial Compliance manages wage and hour issues for Ohio.

Oklahoma

No Oklahoma law imposes rules on hours worked or overtime; therefore, the FLSA governs overtime requirements.

The Oklahoma Department of Labor manages wage and hour issues for Oklahoma.

Oregon

Oregon employers must pay overtime to nonexempt employees for all hours worked over 40 hours per week.

The overtime rate under Oregon law is at least 1.5 times an employee’s regular pay rate.

The Oregon Bureau of Labor and industries’ Wage and Hour Division manages state-specific wage and hour issues for Oregon.

Pennsylvania

Pennsylvania employers must pay overtime to nonexempt employees for all hours worked over 40 hours per week.

Seasonal farm workers are not entitled to overtime payment. However, such workers may not work more than 6 days in one week, or 10 hours in one day.

The overtime rate under Pennsylvania law is 1.5 times an employee’s regular pay rate.

The Pennsylvania Department of Labor and Industry manages state-specific wage and hour issues for Pennsylvania.

Rhode Island

Rhode Island employers must pay overtime to nonexempt employees for all hours worked over 40 hours per week.

The overtime rate under Rhode Island law is 1.5 times an employee’s regular pay rate.

The Rhode Island Department of Labor and Training manages wage and hour issues for Rhode Island.

South Carolina

No South Carolina law imposes rules on hours worked or overtime; therefore, the FLSA governs overtime requirements.

The South Carolina Department of Labor, Licensing and Regulation manages wage and hour issues for South Carolina.

South Dakota

No South Dakota law imposes rules on hours worked or overtime; therefore, the FLSA governs overtime requirements.

The South Dakota Department of Labor and Regulation manages wage and hour issues for South Dakota.

Tennessee

No Tennessee law imposes rules on hours worked or overtime; therefore, the FLSA governs overtime requirements.

The Tennessee Department of Labor and Workforce Development manages wage and hour issues for Tennessee.

Texas

No Texas law imposes rules on hours worked or overtime; therefore, the FLSA governs overtime requirements.

The Texas Workforce Commission manages wage and hour issues for Texas.

Utah

No Utah law imposes rules on hours worked or overtime; therefore, the FLSA governs overtime requirements.

The Utah Labor Commission manages wage and hour issues for Utah.

Vermont

Vermont employers with two or more employees must pay overtime to nonexempt employees for all hours worked over 40 hours per week.

The overtime rate under Vermont law is 1.5 times an employee’s regular pay rate.

The Vermont Department of Labor manages wage and hour issues for Vermont.

Virginia

No Virginia law imposes rules on hours worked or overtime; therefore, the FLSA governs overtime requirements.

The Virginia Department of Labor and Industry manages wage and hour issues for Virginia.

Washington

Washington employers must pay overtime to nonexempt employees for all hours worked over 40 hours per week.

The overtime rate under Washington law is 1.5 times an employee’s regular pay rate. However, Washington employees can request that their overtime be granted in compensatory time off instead of overtime pay.

The Washington Department of Labor and Industries manages wage and hour issues for Washington.

West Virginia

West Virginia employers must pay overtime to nonexempt employees for all hours worked over 40 hours per week.

The overtime rate under West Virginia law is 1.5 times an employee’s regular pay rate. However, county and municipal government employees can request that their overtime be granted in compensatory time off, at a rate of 1.5 hours for each overtime hour, instead of overtime pay.

The West Virginia Division of Labor manages wage and hour issues for West Virginia.

Wisconsin

Wisconsin employers must pay overtime to nonexempt employees for all hours worked over 40 hours per week.

The overtime rate under Wisconsin law is 1.5 times an employee’s regular pay rate.

The Wisconsin Department of Workforce Development manages wage and hour issues for Wisconsin.

Wyoming

No Wyoming law imposes rules on hours worked or overtime; therefore, the FLSA governs overtime requirements.

The Wyoming Department of Workforce Services manages wage and hour issues for Wyoming.

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Information may be abridged and therefore incomplete. This document/information does not constitute, and should not be considered a substitute for, legal or financial advice. Each financial situation is different, the advice provided is intended to be general. Please contact your financial or legal advisors for information specific to your situation.

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