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Understanding Overtime

Updated

You can find summaries of the federal Fair Labor Standards Act (FLSA) and state-specific overtime laws below.

Fair Labor Standards Act (FLSA) 

The Department of Labor mandates that covered, nonexempt employees under the Fair Labor Standards Act (FLSA) must receive overtime pay of at least one and one-half times their regular rate of pay for any hours worked over 40 in a workweek.

  • Certain exceptions apply to police, firefighters, employees of hospitals and nursing homes, and workplaces governed by collective bargaining agreements. These exceptions may exempt them from the FLSA's overtime regulations, and they may have their own separate overtime standards to adhere to.

Certain states have their own overtime laws. If an employee falls under both state and federal overtime laws, they are entitled to overtime pay based on the higher standard. In other words, they will receive the overtime pay that offers the greater compensation.

  • Additional pay for working weekends or nights depends on the agreement between the employer and the employee (or their representative).

Types of Overtime

The federal standard for overtime is 1.5 times the regular rate of pay (RRP) for all hours worked beyond 40 in a week.

Here are the hourly rate multipliers for different types of Overtime. 

Weekly overtime: 1.5 times RRP

Daily overtime: 1.5 times RRP

Daily double overtime: 2.0 times RRP

7th consecutive day of any one workweek: 1.5 times RRP

 

State Overtime Laws

State

Overtime requirements

Overtime Calculation

Information
Alabama
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
Alaska
  • Weekly: 40 hours
  • Daily: 8 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Daily: 1.5 x RRP for all hours over 8 in a day.
  • Weekly: Refer to FLSA definition.
  • Daily: Employees who work more than 8 hours during any workday will earn overtime, paid at 1.5x their regular rate of pay for any time over 8 hours worked.
Arizona
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
Arkansas
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
California
  • Weekly: 40 hours
  • Daily: 8 hours
  • Daily Double OT: 12 hours
  • 7th consecutive day: All hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Daily: 1.5 x RRP for all hours over 8 in a day.
  • Daily Double OT: 2 x RRP for all hours over 12 a day.
  • 7th consecutive day*: 
    • 1.5 x RRP for the first 8 hours of work on the 7th day of work in any workweek, regardless of the number of hours worked during the previous 6 days AND
    • 2 x RRP for all hours over 8 on the 7th day.
  • Weekly: Employees are eligible to earn overtime on a weekly basis. Employees who work more than 40 hours during any workweek will earn overtime, paid at 1.5x their regular rate of pay for any time over 40 hours worked.
  • Daily: Employees who work more than 8 hours during any workday will earn overtime, paid at 1.5x their regular rate of pay for any time over 8 hours worked.
  • Daily Double OT: Employees who work more than 12 hours during any workday will earn overtime, paid at 2x their regular rate of pay for any time over 12 hours worked.
  • *7th consecutive day: On the 7th consecutive day worked, employees will earn overtime, paid at 1.5x their regular rate of pay. Employees who work more than 8 hours on the 7th consecutive day worked will earn overtime, paid at 2x their regular rate of pay for any time over 8 hours worked. We recommend utilizing outside counsel to better understand how the two rules interact.
Colorado
  • Weekly: 40 hours
  • Daily: 12 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Daily:  1.5 x RRP for all hours over 12 in a day
    • Without regard to starting and ending time of the workday, whichever calculation results in the greatest payment of wages.
  • Weekly: Refer to FLSA definition.
  • Daily: Employees who either (1) work twelve hours in a workday; or (ii) work twelve or more consecutive hours (regardless of workday) will be eligible for overtime, paid at 1.5x their regular rate of pay for any time over 12 hours worked.
Connecticut
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
Delaware
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
Florida
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
Georgia
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
Hawaii
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
Idaho
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
Illinois
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
Indiana
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
Iowa
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
Kansas
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Unless exempt from the FLSA, refer to the FLSA definition.
Kentucky
  • Weekly: 40 hours
  • 7th consecutive day: All hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • 7th consecutive day: 1.5 x RRP for all hours on the 7th day of a week.
  • Weekly: Refer to FLSA definition.
  • 7th consecutive day: On the 7th consecutive day worked, employees will earn overtime, paid at 1.5x their regular rate of pay for all hours worked on the 7th day.
Louisiana
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
Maine
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
Maryland
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
Massachusetts
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
Michigan
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
Minnesota
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Unless exempt from the FLSA, refer to the FLSA definition.
Mississippi
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
Missouri
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
Montana
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
Nebraska
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
Nevada
  • Weekly: 40 hours 
  • Daily: 8 hours during any consecutive 24-hour period.*
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Daily: 1.5 x RRP for all hours worked over 8 in a period of 24 consecutive hours that begins when the employee starts work.*
  • Weekly: Refer to FLSA definition.
  • Daily: Qualified employees who work more than 8 hours during any consecutive 24-hour period will earn overtime, paid at 1.5x their regular rate of pay.
  • *Qualifies for daily overtime with 1.5 x RRP only if:
    • Employee pay is less than $10.875/ hour and employer offers qualifying health benefits
    • Employee pay is less than $12.375/ hour and employer does not offer qualifying health benefits.
New Hampshire
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
New Jersey
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
New Mexico
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
New York
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
North Carolina
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
North Dakota
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
Ohio
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
Oklahoma
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
Oregon
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
Pennsylvania
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Overtime for Salaried Nonexempt employees—a new law went into effect Aug 5, 2022.
    • Before you can calculate overtime, calculate the regular rate of pay (RRP), which is found by dividing the employee's total earnings* by 40 hours.
      • *Total earnings are all wages, including non-discretionary bonuses, commissions, shift differentials, and other incentive pay.
    • To find their overtime pay, multiply their regular rate by the hours of overtime they worked and then by time and one-half.
    • Add their weekly salary to their overtime pay.
    • Scroll to the “Overtime FAQs” section of this Ohio resource to see the math—click the “I pay a non-exempt salaried employee a salary of $1,000 per week. The employee worked 50 hours last week, how much must they be paid for that week of work?” dropdown.
  • Overtime for Hourly employees
    • With few exceptions, hourly employees who work more than 40 hours a week must be paid time and a half (1.5x) for all hours over 40.
Rhode Island
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
South Carolina
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
South Dakota
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
Tennessee
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
Texas
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
Utah
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
Vermont
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
Virginia
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
Washington
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
Washington DC
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
West Virginia
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
Wisconsin
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
Wyoming
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.

 

Add overtime hours and overtime holiday hours

  1. Click the Payroll section and select Run Payroll.
  2. Click Run payroll with tax compliance.
  3. Click +Overtime on the total hours (TH) field.
  4. Input the hours worked for holiday pay in the OT (Regular Overtime) field.
  5. Submit payroll.

Calculate overtime pay with one pay rate

The rate used for overtime pay varies depending on your payroll schedule and how many pay rates you have. This overtime pay calculation applies to all hourly employees who have only one pay rate. 

Calculating gross wages with overtime

Regular Pay: To calculate your regular pay, multiply the hours you worked (excluding overtime hours) by your regular pay rate.

Overtime Pay: To calculate overtime pay, multiply your regular pay rate by 1.5 for regular overtime or 2 for double overtime. Then, multiply this overtime rate by the number of overtime hours worked. This will give you the total overtime pay.

Gross Wages: When you add the overtime pay to your regular pay, it gives you the total gross wages for the pay period.

 

 

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