State Specific

Overtime requirements by state

January 6, 2026state-laws

Overtime Requirements by State: A Practical Guide for Staying Compliant

If you’re searching for overtime requirements by state, you’re likely trying to answer one of two questions fast: (1) When do I have to pay overtime? and (2) Does my state require more than federal law? This guide summarizes U.S. overtime laws under the federal Fair Labor Standards Act (FLSA) and highlights key state differences—especially the states people mean when they ask “what states require overtime pay after 8 hours?” You’ll also find a quick state overtime laws chart to help HR teams and business owners spot higher-risk jurisdictions.

For broader wage-and-hour compliance, start with SwiftSDS’s hub on payroll laws by state and cross-check scheduling expectations in our guide to Employment working hours law.

The Federal Baseline: What U.S. Overtime Laws Require

Under the Fair Labor Standards Act (FLSA), most covered, non-exempt employees must receive overtime pay at 1.5× the regular rate for all hours worked over 40 in a workweek. The FLSA is enforced by the U.S. Department of Labor’s Wage and Hour Division (WHD).

Key compliance point: Federal law does not generally require overtime simply because an employee works more than 8 hours in a day. Daily overtime is mainly a state-law concept.

Actionable steps for FLSA compliance

  • Define your workweek (a fixed, recurring 168-hour period) and apply it consistently.
  • Confirm each role’s exemption status (executive/administrative/professional, outside sales, etc.) before assuming “salary = exempt.”
  • Track hours worked accurately (including certain training time, travel time, and remote work time when compensable).

For required federal posting, many employers must display Employee Rights Under the Fair Labor Standards Act (and, where applicable, the Spanish version Derechos de los Trabajadores Bajo la Ley de Normas Justas de Trabajo (FLSA)). You can also review your broader posting obligations on Federal (United States) Posting Requirements.

Overtime Requirements by State: “Higher Standard Wins”

States may provide greater employee protections than the FLSA. When federal and state rules differ, employers generally must follow the standard more favorable to the employee.

State overtime laws typically vary in these ways:

  • Daily overtime (e.g., overtime after 8 hours in a day)
  • Double time (e.g., after 12 hours)
  • 7th consecutive day rules
  • Industry-specific rules (manufacturing, healthcare, certain commissioned roles)
  • Different penalties/remedies and enforcement processes

If you employ in multiple states, don’t just standardize to “OT after 40”—you can inadvertently underpay in states with daily overtime.

What States Require Overtime Pay After 8 Hours?

When people ask “what states require overtime pay after 8 hours”, the short, practical answer is:

Daily overtime is most notably required in California (and in limited forms in a few other jurisdictions)

California (most prominent daily overtime state)

California requires daily overtime for most non-exempt employees:

  • 1.5× after 8 hours in a workday
  • 2× after 12 hours in a workday
  • 7th consecutive day rules may also trigger overtime/double time depending on hours worked

These rules are primarily associated with California’s wage orders and Labor Code/Industrial Welfare Commission framework. Because California compliance is multi-layered, it’s smart to coordinate overtime with other state requirements (pay statements, meal/rest periods, etc.). For a wider compliance view, see california employment laws and, for related workplace protections, anti discrimination laws in california. Also confirm required postings for the state on California (CA) Posting Requirements.

Note: Some other states have industry-specific daily overtime rules or special provisions, but California is the clearest and most commonly cited statewide daily overtime model for general private employment.

State Overtime Laws Chart (Quick Reference)

Below is a simplified state overtime laws chart for common HR screening. Always validate nuances by role, industry, and applicable exemptions.

| State | Default overtime trigger | Daily overtime? | Notes | |------|---------------------------|----------------|------| | California | >40/week (and daily rules) | Yes | OT after 8/day; double time after 12/day; 7th day rules. | | Massachusetts | >40/week | No (general) | Strong wage-hour enforcement; ensure correct posting. | | Florida | Follows FLSA baseline | No (general) | Federal >40/week typically applies. | | Ohio | Follows FLSA baseline | No (general) | Verify state/federal posting requirements. | | Maryland | >40/week (general) | No (general) | Some specific industry rules may apply. |

Where to go next for postings and state specifics

For Massachusetts wage-and-hour notices, employers commonly need the state poster Massachusetts Wage & Hour Laws displayed as required by the Massachusetts Attorney General’s Office.

Compliance Checklist: How to Implement Overtime Requirements by State

1) Classify employees correctly (exempt vs. non-exempt)

Misclassification is a top overtime risk. Job titles don’t control—duties and pay basis do. If a role is non-exempt, overtime applies even if paid a salary.

2) Set overtime rules in your timekeeping system by location

If you have employees in multiple states, configure rules at the worksite level:

  • California: daily overtime and double time triggers
  • Other states: weekly overtime triggers (typically >40)

3) Define “regular rate of pay” properly

Overtime is based on the regular rate, which can include certain nondiscretionary bonuses, commissions, and shift differentials—not just hourly wage.

4) Post required notices and keep records

Posting is a simple but commonly missed requirement. At minimum, confirm the federal FLSA notice applies to your workplace (see Employee Rights Under the Fair Labor Standards Act) and then add state-specific notices based on your locations (for example California (CA) Posting Requirements or Federal (United States) Posting Requirements for multi-state employers building a baseline).

5) Align overtime with other wage-hour rules

Overtime interacts with final pay deadlines, pay frequency, sick leave, and minimum wage. If you’re building a broader compliance program, compare requirements across jurisdictions using payroll laws by state. For adjacent obligations, you can also review SwiftSDS resources like arizona sick leave law and alabama minimum wage.

FAQ: Overtime Requirements by State

Do U.S. overtime laws require overtime after 8 hours?

Under federal law (FLSA), generally no—overtime is typically required after 40 hours in a workweek. Daily overtime after 8 hours is primarily driven by state law (most notably California for general private employment).

If my state law is different from the FLSA, which one do I follow?

Usually, you must follow the rule that is more favorable to the employee. That often means applying state daily overtime rules (where they exist) in addition to federal weekly overtime.

What’s the easiest way to stay compliant across multiple states?

Use a multi-state approach: configure timekeeping by location, audit exemption classifications, and keep your required notices current. SwiftSDS’s Federal (United States) Posting Requirements page is a good starting point, then add state-specific posting sets (e.g., Florida (FL) Labor Law Posting Requirements and California (CA) Posting Requirements).

Disclaimer: This article is for informational purposes and does not constitute legal advice. Overtime rules can change and may vary by occupation and industry.