State Overtime Laws That Go Beyond the FLSA
Which states require daily overtime or other rules stricter than the federal 40-hour standard, including California, Alaska, Nevada and Colorado.
State Overtime Laws: More Than the Federal 40-Hour Rule
If you work in California, Colorado, Alaska, or Nevada, your state overtime laws require your employer to pay you overtime after 8 hours in a single day, something the federal FLSA does not require at all. Under federal law (29 U.S.C. § 207), you get time and a half only after 40 hours in a workweek, with no daily limit. But when a state law gives you more protection, that law applies. The specific state overtime laws that go beyond the FLSA baseline include daily overtime states, seventh-consecutive-day rules, and higher salary thresholds for exemption. You need to know exactly which rule governs your paycheck, because the more generous law is the one your employer must follow.
The Federal Baseline and the 'More Generous Law Applies' Rule
The FLSA mandates overtime at 1.5 times your regular rate for all hours worked over 40 in a single workweek. The workweek is a fixed, recurring 168-hour period (29 CFR 778.105). Your regular rate (29 CFR 778.108-778.122) includes not just your base hourly wage, but also nondiscretionary bonuses, commissions, piece-rate earnings, and shift differentials, divided by total hours worked that week. A common failure: salaried non-exempt employees earning under the salary threshold also have a regular rate, their weekly salary divided by hours worked that week. Federal law has no daily overtime threshold, no double-time requirement, and no holiday premium pay rule. The FLSA sets a floor, not a ceiling. When a state law, city ordinance, or union contract provides a higher standard, that standard overrides the federal minimum. For overtime, this means that if your state requires overtime after 8 hours in a day (like California), or double time after 12 hours (also California), the employer must pay it even though the FLSA does not.
The failure case: an employer in California pays only weekly overtime (after 40 hours) and ignores the state's daily overtime rule. The employee loses 2 hours of overtime pay per day (hours 8-10). Check your state's labor department to confirm which rule applies to you.
Daily Overtime States: California, Alaska, Nevada, Colorado
Four states have daily overtime rules that require overtime after a set number of hours in a single day, not just after 40 in a week. These rules apply to most non-exempt employees, unless an industry-specific exception (like hospitals using the 8/80 system) is in place.
California: Overtime After 8 Hours, Double Time After 12
California Labor Code § 510 requires overtime at 1.5 times the regular rate for all hours worked over 8 in a day and over 40 in a week. Double time (2x the regular rate) is required for hours worked over 12 in a day. This is the strictest daily overtime rule in the country. The failure case: a California employee works 10 hours in a single day but only 35 hours that week. The employer pays no overtime (since under 40 hours weekly). The employee is owed 2 hours of daily overtime at 1.5x.
Alaska: Overtime After 8 Hours (Certain Industries)
Alaska Stat. § 23.10.060 requires overtime after 8 hours in a day, but only for employees in certain industries (e.g., mining, manufacturing, construction, and some retail). The rule applies to employers with four or more employees. The failure case: a construction worker in Alaska works 10 hours a day, 4 days a week (40 hours total). The employer pays no overtime (since exactly 40 hours weekly). The employee is owed 2 hours of daily overtime per day.
Nevada: Overtime After 8 Hours (If Earnings Are Below a Threshold)
Nevada NRS 608.018 requires overtime after 8 hours in a workday for covered employees who earn less than 1.5 times the state minimum wage. The Nevada Labor Commissioner's annual bulletin sets that threshold at $18 per hour effective July 1, 2026. Employees at or above the threshold remain subject to weekly overtime after 40 hours unless another rule or exemption applies. The failure case: a covered Nevada employee earning $15 per hour works 10 hours a day, 4 days a week (40 hours total). The employee is owed 2 hours of daily overtime per day. Confirm current requirements and exemptions with the Nevada Labor Commissioner.
Colorado: Overtime After 12 Hours
Colorado COMPS Order #39 (the current order, reissued periodically) requires overtime at 1.5 times the regular rate for hours worked over 12 in a day, in addition to the standard 40-hour weekly rule. This is a daily threshold, but a much higher one than California's 8-hour rule. Colorado also has a higher salary threshold for exemption (see below). The failure case: a Colorado employee works 14 hours in a single day but only 38 hours that week. The employer pays no overtime. The employee is owed 2 hours of daily overtime (hours 12-14).
| State | Daily Overtime Threshold | Double Time Threshold | Citation |
|---|---|---|---|
| California | 8 hours | 12 hours | CA Labor Code § 510 |
| Colorado | 12 hours | None | COMPS Order #39 (verify current number) |
| Alaska | 8 hours (certain industries) | None | Alaska Stat. § 23.10.060 |
| Nevada | 8 hours (if earnings < 1.5x min wage) | None | NRS 608.018 |
Seventh-Consecutive-Day Rules
Some states require overtime for the seventh consecutive day worked in a workweek, regardless of total hours. This is separate from daily overtime. For example, if you work all seven days in a week, the seventh day may trigger overtime for all hours worked that day, even if you are under 40 hours total. California, for instance, requires 1.5x pay for the first 8 hours on the seventh consecutive day and 2x pay for hours over 8. Check your state's labor department to confirm if a seventh-consecutive-day rule applies to you. The failure case: an employee works 6 hours each day for 7 days (42 hours total). The employer pays overtime only for the 2 hours over 40 (at 1.5x) but ignores the seventh-day rule. The employee may be owed overtime for all 6 hours on day 7, depending on state law.
States With Higher Exempt Salary Thresholds
The federal salary threshold for exempt status under the FLSA is currently $35,568 per year (under the 2019 rule, after the April 2024 rule was vacated by the Eastern District of Texas). Some states set a higher threshold. Colorado, under COMPS Order #39, has a salary threshold that was approximately $52,500 per year for the 2025-2026 period (the figure is updated periodically; verify with the Colorado Department of Labor and Employment). This means that in Colorado, an employee earning between $35,568 and $52,500 may be non-exempt under state law even if they would be exempt under federal law. The failure case: a Colorado-based administrative assistant earning $48,000/year is classified as exempt by the employer (based on the federal threshold). Under Colorado law, the employee is non-exempt and entitled to overtime for all hours over 40 (and over 12 in a day). The employer owes back overtime wages.
Industry-Specific Rules: Healthcare 8/80 and Agriculture
Some industries have their own overtime calculation methods under federal or state law.
Healthcare: The 8/80 System
Hospitals and certain healthcare employers may use the 8/80 system under 29 CFR 778.601. Instead of the standard 40-hour workweek, overtime is calculated after 8 hours in a day OR 80 hours in a 14-day period, whichever comes first. This applies only to hospitals and certain residential care facilities. The regular rate is calculated per the 14-day period, not per week. The failure case: a hospital uses the 8/80 system but fails to pay overtime when an employee works 9 hours in a single day, even if the 14-day total is under 80 hours. The employee is owed 1 hour of daily overtime.
Agriculture
Agricultural workers are often exempt from state daily overtime rules and may have different weekly thresholds. For example, California applies a phased-in overtime schedule for agricultural workers (after 55 hours in 2025, dropping to 40 hours by 2026). Check your state's overtime laws by state for agricultural exemptions, as they vary widely.
Where to Check Your State's Labor Department
The DOL Wage and Hour Division publishes a Consolidated State Minimum Wage and Overtime table that lists each state's overtime rules, including daily overtime thresholds and citations. This is your first stop. For state-specific details, go directly to the state labor department website:
- California: Department of Industrial Relations (DIR)
- Colorado: Department of Labor and Employment (DLE)
- Alaska: Department of Labor and Workforce Development
- Nevada: Office of the Labor Commissioner
Search for 'overtime laws by state' on the DOL website to find the latest consolidated table. State laws change, so always verify the current statute number and salary threshold with the state agency.
Not Legal Advice and Key Failures to Avoid
General state overtime laws vary by jurisdiction but do not constitute legal advice.
If you believe your employer has underpaid overtime, consult an employment attorney or file a wage claim with your state labor department. The most common failure cases:
- Daily overtime ignorance: An employer in California, Colorado, Alaska, or Nevada pays only weekly overtime, missing state daily overtime requirements.
- Salary misclassification: An employer treats a salaried non-exempt employee as exempt without a duties test, paying no overtime at all.
- Bonus omission: An employer fails to include a nondiscretionary bonus in the regular rate, underpaying overtime by the bonus amount divided by hours.
One thing that most often goes wrong: employees assume that if they are paid a salary, they are not entitled to overtime. If your salary is below the threshold (federal: $35,568; Colorado: higher), and you do not primarily perform executive, administrative, or professional duties, you are likely non-exempt and owed overtime for every hour over 40 (and daily overtime if in a daily overtime state).
Common Questions
I work in California but my company is headquartered in Texas. Which state's overtime rules apply?
Generally, the overtime law of the state where you physically perform your work applies, not where your employer is headquartered. If you are working in California, California Labor Code § 510 applies to your daily overtime and double-time rights, even if your employer is based in Texas. However, if your work is remote and you split time between states, the rules can get complicated. Consult an employment attorney for your specific situation.
My employer gives me a 'discretionary' bonus at the end of the year. Does it count in my regular rate for overtime?
No. Under 29 CFR 778.208, a discretionary bonus, one given at the employer's sole discretion with no prior promise or contract, is excluded from the regular rate. But if the bonus is nondiscretionary (e.g., a promised attendance bonus or a commission), it must be included in the regular rate for the workweeks in which it is earned. The DOL Fact Sheet #56A explains the distinction.
I am a salaried non-exempt employee earning $50,000 per year. Am I exempt from overtime under the 2025 rules?
Under the federal rule in effect as of October 2026, the salary threshold is $35,568 per year (the April 2024 rule that raised it to $43,888 and then $58,656 was vacated by a federal court in November 2024). If you earn $50,000, you are above the federal threshold, but you are not automatically exempt. You must also pass the duties test under 29 CFR Part 541: your primary duties must be executive, administrative, or professional. If your duties are not primarily those, you are non-exempt regardless of your salary. In Colorado, the state threshold is higher (approximately $52,500 for 2025-2026; verify with the Colorado DLE), so you may be non-exempt under state law.
How do I calculate my regular rate when I receive a quarterly bonus that covers 13 workweeks?
The DOL requires you to allocate the bonus across the workweeks it covers. For a quarterly bonus of $1,300 covering 13 workweeks, you add $100 to each week's total earnings before dividing by hours worked that week. This recalculates the regular rate for each week and could increase the overtime rate retroactively. The employer should pay the overtime adjustment with the bonus. The failure case: the employer pays the bonus but does not recalculate overtime for the prior 13 weeks, underpaying overtime by the bonus allocation.
Does the FLSA require double time for any hours?
No. The DOL Fact Sheet #23 states that federal law does not require double-time pay. Double time is a state-specific requirement (e.g., California after 12 hours, Colorado does not require it). Do not expect double time under federal law.
My employer pays overtime at 1.5x my base hourly wage but does not include my commissions. Is that correct?
No. Under 29 CFR 778.108-778.122, your regular rate must include commissions. If you earn a $500 commission in a week where you worked 50 hours, your regular rate is (base pay + $500) / 50 hours. The employer must pay overtime at 1.5x that rate, not just 1.5x your base wage. The failure case: the employer pays overtime on the base wage only, underpaying by the commission allocation.
What is the difference between the 40-hour workweek and the 8/80 hospital system?
The standard FLSA rule (29 U.S.C. § 207) uses a 7-day workweek and pays overtime after 40 hours. The 8/80 system (29 CFR 778.601) is an alternative for hospitals: overtime is paid after 8 hours in a day OR 80 hours in a 14-day period. The 14-day period replaces the weekly threshold. An employee working 9 hours a day for 10 days (90 hours) would get daily overtime for each day over 8 hours (1 hour per day, 10 hours total), plus weekly overtime if the 14-day total exceeds 80 hours (10 hours at 1.5x). The employer must choose one system and cannot switch week to week.