Complying With Overtime Pay Laws

Federal overtime pay laws. Employers must pay nonexempt employees one and one-half times their regular wage for any hours worked in excess of 40 hours in a workweek. The overtime pay requirements apply to nonexempt employees regardless of whether they're paid by the hour, on salary, or on a piecework basis.

Revised overtime pay regulations. Effective August 23, 2004, the Department of Labor revised the federal regulations defining employees who are exempt from the overtime pay rules.

There are some occupations that don't have to receive overtime pay under the FLSA (but may be covered by other provisions such as minimum wage, child labor, or equal pay). Most of these occupations aren't relevant in a small business context. Therefore, in most cases, you can assume that you'll be paying your nonexempt employees overtime.

What is a workweek? Understanding the workweek concept is vital to meeting your overtime pay requirements. A workweek is any fixed and recurring period of 168 hours (seven days at 24 hours each). While it’s not uncommon for a workweek to begin on Monday morning and to end on Sunday night, it doesn't have to. A workweek is seven, consecutive, 24-hour periods that can begin at any time on any day. Therefore, your employees’ workweek, for pay purposes, may start at noon on Wednesday and end at 11:59 a.m. on the following Wednesday.

This package contains a checklist of which payments have to be included in computing the employee's regular rate of pay, and a list of the payments that can be excluded. This is the starting point in determining whether an employee has worked more than 40 hours in a workweek. Also included is a list of do's and don'ts to consider in setting up an overtime policy.

State overtime pay laws. Many states have laws pertaining to overtime. Most state overtime pay laws don't cover exempt employees, commission salespersons, family members, people subject to the FLSA, and persons otherwise exempt from state minimum wage requirements. In addition, many states regulate how many hours an employee may work per day, or require overtime pay for employees who work on Sunday or who work seven consecutive days.

If the federal law is more demanding than your state’s law, and you're subject to the federal law, you must meet the federal requirements. If your state’s law is more inclusive or more generous regarding overtime pay than federal law, you must follow that law, even though you will exceed the minimum compliance requirements of the federal law.

Select a state from the map below to get information on overtime pay requirements:

Overtime Pay Laws in Alaska    choose another state

In Alaska, overtime must be paid at one and one-half times the employee's regular rate for hours in excess of eight daily or 40 weekly, including work performed under most flexible hour plans.
Employees not covered by the minimum wage requirement are not entitled to overtime pay. In addition, employees working for employers with less than four employees; agricultural or horticultural product packers and canners; small newspaper employees; switchboard operators; certain telegraphic or communication employees; seamen; workers in small forestry or lumbering operations; outside buyers of poultry; casual employees; hospital employees providing medical services; employees working under a state-approved or collective bargaining flexible work-hour plan; small mining employers, taxi drivers, line-haul truck drivers; community health aides; certain auto and truck mechanics; and certain airline employees under shift trading arrangements are exempt from Alaska's overtime pay requirement.
Exempt retail and service employees. Effective September 14, 2004, the minimum salary for exempt employees in retail and service establishments who spend up to 40 percent of their time performing duties that are nonexempt is two times the state minimum wage for the first 40 hours of employment each week. The minimum salary that must be paid to satisfy the white collar exemptions for overtime payments for retail and service establishment employees is $572 per week.
Effective November 7, 2005, an individual employed in a bona fide executive, administrative, executive or professional capacity must be compensated on a salary or fee basis at a rate of not less than two times the state minimum wage for the first 40 hours of employment each week, exclusive of board or lodging that is furnished by the individual's employer, in order to be exempt from the overtime pay requirements. An exemption is added for computer systems analysts, computer programmers, software engineers, or other similarly skilled workers. The exemption from the maximum hours requirements, 40 hours a week/eight hours a day, for supervisory employees is removed.

Overtime Pay Laws in Alabama    choose another state

Alabama has no law on overtime pay.

Overtime Pay Laws in Arkansas    choose another state

Employees — other than agricultural employees — in Arkansas must be paid time and one-half for hours worked in excess of 40 in one week. Employees who are exempt from minimum wage requirements are also exempt from overtime.

Overtime Pay Laws in Arizona    choose another state

Arizona has no law on overtime pay.

Overtime Pay Laws in California    choose another state

In California, any employee older than 17 years of age, as well as any 16- or 17-year-old employee who is not legally required to attend school, must generally be paid one and one-half times the employee's regular rate of pay for all hours worked in excess of 40 hours in a workweek. For workers in all occupations except the manufacturing industry; mercantile industry; professional, technical, clerical, and similar occupations; public housekeeping industry, and transportation industry, employees must be paid one and one-half times their regular rate for work exceeding eight hours in a day or 40 hours in a week, and double time is required for hours in excess of 12 on any workday or in excess of eight on the seventh day. No employee may be required to report for work unless 10 hours have elapsed since the termination of the previous day's employment.
The overtime provisions are generally inapplicable to employees covered by collective bargaining agreements that provide premium wage rates for overtime work and a regular hourly rate of pay for the employees of not less than 30 percent more than the state minimum wage.
The following alternative work schedules are permitted without subjecting the employer to overtime liability:
In lieu of overtime pay, an employee may receive compensating time off at a rate of one and one-half hours for each hour of employment (or more if a higher rate of overtime is due) if provided under a collective bargaining agreement or a written agreement between an employer and the employee.

Manufacturing employers who operate 24 hours a day, seven days a week who had a preexisting work arrangement may establish a regular work schedule that includes three regular workdays of not more than 12 hours per day, or three 12-hour workdays in one workweek and four 12-hour days in the following week, for an average workweek of 42 hours over a two-week period. Overtime must be paid for hours in excess of 12 per day or 40 per week. Such a schedule must be agreed to by at least two-thirds of the affected workweek.
Specific rules, found in Wage Orders issued by government agencies, apply in certain industries including agricultural occupations; canning, freezing and preserving industry; industries handling products after harvest; amusement and recreation; broadcasting; household occupations; laundry, linen supply, dry cleaning, and dyeing industry; personal service industry; professional, technical, clerical, mechanical and similar occupations; public housekeeping (including certain employees working in residential child-care facilities); and transportation. Special rules apply for certain professional employees in the computer software field. Other special rules apply to employees of ski establishments, stables, licensed hospitals, and certain licensed physicians and surgeons.

Overtime wages must be paid no later than the payday for the next regular pay period after which the overtime wages are earned.
Effective January 1, 2006, the exemption from overtime requirements for employees in the computer software field applies if the employee's hourly rate of pay is not less than $47.81 or the annualized full-time salary equivalent of that rate, provided that all the other requirements for the exemption are met and that in each workweek the employee receives not less than $47.81 per hour worked. Effective January 1, 2006, the minimum hourly rate of pay for licensed physicians and surgeons to qualify as exempt from the overtime rules is $61.65. The wage rates are adjusted annually by an amount equal to a percentage increase in the California Consumer Price Index for Urban Wage Earners and Clerical Workers.

Overtime Pay Laws in Colorado    choose another state

In Colorado, overtime must be paid at a rate of one and one-half times an employee's regular rate of pay for hours worked in excess of 40 in a workweek and/or for any work in excess of 12 hours per workday. The standards for hospital and nursing home employees are 80 hours in 14 consecutive days or eight hours in a day.
Employees exempt from minimum wage provisions are exempt from overtime. Also exempt from overtime are: salespersons, partspersons and mechanics employed by automobile, truck, or farm implement (retail) dealers and salespersons employed by trailer, aircraft and boat (retail) dealers; sales employees of retail or service industries paid on a commission basis, provided that 50% of their total earnings in a pay period are derived from commission sales and their regular rate of pay is at least 1 1/2 times the minimum wage. Employees of the ski industry performing duties directly related to ski area operations for downhill skiing or snow boarding and those employees engaged in providing food and beverage services on-mountain locations are exempt from the 40 hour overtime requirement; however, the 1 1/2 overtime rate for all hours worked in excess of 12 in a workday does apply. Employees of the medical transportation industry who are scheduled to work 24 hour shifts are exempt from the 12 hour overtime requirement provided they receive overtime wages for hours worked in excess of 40 hours per workweek.

Overtime Pay Laws in Connecticut    choose another state

In Connecticut, work in excess of 40 hours per workweek must be compensated for at a rate of not less than one and one-half times the employee's regular rate of pay. Computation of overtime pay due employees compensated on a piece rate basis and those doing two or more kinds of work at different rates is authorized. Certain extra compensation, such as various premium rates, may be credited against overtime pay requirements. Computation of overtime pay on a work period of 14 consecutive days is authorized for employees of hospitals.
Overtime pay provisions do not apply to a person employed as: (1) a driver, excluding drivers employed by exempt employers, subject to Interstate Commerce Commission jurisdiction; (2) by a carrier by air or any other employer subject to the Railway Labor Act; (3) a seaman; (4) an announcer, news editor or chief engineer by radio or television station; (5) police and firefighters; (6) an inside salesperson whose sole duty is to sell a product or service and (a) whose regular rate of pay exceeds two times the applicable minimum hourly rate, (b) more than one-half of whose compensation for a representative period of not less than one month represents commissions on goods or services, and (c) who does not work more than 54 hours per pay period; (7) a cab driver for an employer in the business of operating taxicabs, if the driver is paid at least 40 percent of the recorded fares; (8) a salesperson engaged in selling autos; (9) a milk or bakery salesperson paid on a commission basis and working on a route; (10) a beer delivery truck driver not paid on an hourly basis who is employed by a licensed distributor; (11) a mechanic engaged primarily in the servicing of motor vehicles and farm implements employed by a nonmanufacturing employer in the business of selling those vehicles and implements — to the same extent that they are exempt from the FLSA.; or (12) agricultural workers.
For the purpose of calculating the overtime rate of compensation required to be paid to an employee who is employed as a delivery driver or sales merchandiser, paid on a base salary and commission basis, and not exempt from the state's overtime requirements, the employer's regular rate is one-fortieth of the employee's weekly remuneration.
Effective October 1, 2005, hospitals may not require a registered nurse, a licensed practical nurse or a registered nurse's aide to work in excess of a predetermined scheduled work shift, provided the scheduled work shift is determined and provided at least 48 hours prior to the beginning of the scheduled work shift. A nurse may volunteer or agree to work hours in addition to the scheduled work shift. However, the refusal to work additional hours may not be used as grounds for discrimination, dismissal, discharge, or any other penalty or adverse employment decision. Exceptions to the mandatory overtime prohibition apply.

Overtime Pay Laws in District of Columbia    choose another state

No employer in the District of Columbia may employ any employee for more than 40 hours per workweek unless the excess hours are compensated for at one and one-half times the employee's regular rate of pay.
Exemptions from the overtime provisions include persons employed: (1) in a bona fide executive, administrative, professional our outside salesperson position; (2) casual babysitters; (3) volunteers in an educational, religious, or nonprofit organization, or lay members of a religious organization; (4) as a seaman, by a railroad, as an attendant in a parking lot or parking garage or in home newspaper delivery; (5) by an air carrier who voluntarily exchanges workdays with another employee for the primary purpose of utilizing air travel benefits available to these employees; (6) as a salesperson, partsperson or mechanic primarily engaged in selling or servicing automobiles, trailers or trucks, if employed by a nonmanufacturing establishment primarily engaged in the business of selling these vehicles to ultimate purchasers; or (7) primarily to wash automobiles by an employer whose annual dollar volume of sales is derived by more than 50 percent from washing automobiles and where, for the employee's employment in excess of 160 hours over a period of four consecutive workweeks, the employee receives compensation at a rate of at least one and one-half times the employee's regular rate of pay.

Overtime Pay Laws in Delaware    choose another state

Delaware has no law on overtime pay.

Overtime Pay Laws in Florida    choose another state

In Florida, an employee who performs manual work by the day, week, month, or year must receive extra pay for hours worked over 10 in a day, unless a written contract has been signed requiring more or less than the 10 hours.

Overtime Pay Laws in Georgia    choose another state

Georgia has no law on overtime pay.

Overtime Pay Laws in Hawaii    choose another state

In Hawaii, for hours in excess of 40 a week, employees must be paid at least one and one-half times their regular rate. For employees processing dairy products, sugar cane, agricultural and horticultural products, poultry and livestock and for employees engaged in the processing of seasonal agricultural products, overtime is permitted at employees' regular rates during not more than 20 weeks during the calendar year up to 48 hours, provided that overtime is paid for all hours in excess of 48 at one and one-half times the regular rate. Employees with guaranteed compensation of at least $2,000 per month are exempt from Hawaii's overtime rules.

Overtime Pay Laws in Iowa    choose another state

Iowa has no law on overtime pay.

Overtime Pay Laws in Idaho    choose another state

Idaho has no law on overtime pay.

Overtime Pay Laws in Illinois    choose another state

In Illinois, employers must pay their employees no less than one and one-half times the regular rate of pay for hours worked in excess of 40 per week.
Illinois employers are not required to pay overtime to workers during any period (totaling no more than 10 hours in any workweek) that a worker is receiving remedial education that is: (1) provided to employees who lack a high school diploma or educational attainment at the eighth-grade level; (2) designed to provide reading and other basic skills at an eighth-grade level or below; and (3) does not include job-specific training.
Not covered by the overtime law are all employees exempt from minimum wage requirements, and: employers with fewer than four non-family employees; agricultural employees; government workers; salespersons in nonmanufacturing firms selling cars, trucks, farm implements, boats or aircraft, or mechanics thereof; executive, administrative or professional employees; commissioned employees as defined by the federal Fair Labor Standards Act; employees employed instead of other employees of the same employer pursuant to a work-time exchange agreement between the employees; and any employee of a not-for-profit educational or residential child care institution who meets certain requirements pertaining to duties, place of residence and compensation.
Illinois has enacted a state law that rejects the changes to the federal overtime pay rules, effective August 23, 2004, and keeps current job classification definitions in place, preserving overtime rights for workers who currently qualify.
The Hospital Licensing Act prohibits mandated nurse overtime, except in an unforeseen emergent circumstance when the overtime is required as a last resort.

Overtime Pay Laws in Indiana    choose another state

In Indiana, work in excess of 40 hours in a week must be compensated at a rate not less than one and one-half times the regular rate of pay. The following are exempt from this provision: (1) employers with only one employee during any workweek; (2) employers subject to the FLSA; (3) individuals under 16 years of age; (4) independent contractors; (5) persons performing services not in the course of an employing unit's trade; (6) persons employed on a commission basis; (7) persons employed by their own parent, spouse, or child; (8) members of any religious order rendering service to such order or any priest, rabbi, minister or the like; (9) student nurses and apprentice funeral directors and embalmers; (10) medical interns or residents; (11) students working for any school that they regularly attend; (12) physically or mentally handicapped employees of non-profit organizations; (13) insurance agents paid on a commission basis; (14) outside salespersons; (15) persons performing services for any camping or recreational facilities operated by nonprofit organizations; (16) agricultural workers; (17) persons in an executive, administrative, or professional capacity who have the authority to discharge and who earn $150 or more a week; (18) persons employed for not more than 4 weeks in any four consecutive three-month periods; (19) any employee with whom the ICC has power to establish working conditions under the Motor Carrier Act of 1935; (20) employees subject to the Public Service Commission of Indiana; (21) motion picture employees; (22) companions; and employees of seasonal amusement or recreation establishments, organized camps, or religious or nonprofit educational conference centers that are exempt under the FLSA.
Special rules apply to retail or service establishments, hospitals, and transportation employers.

Overtime Pay Laws in Kansas    choose another state

In Kansas, work in excess of 46 hours in a week must be compensated at a rate not less than one and one-half times the regular rate of pay. Special rules apply to law enforcement personnel and fire fighters, security personnel, and emergency medical personnel. Exempt from the overtime law are: (1) employees exempt from minimum wage standards; (2) employees selling motor vehicles for a nonmanufacturing employer primarily engaged in selling vehicles to ultimate purchasers; and (3) prisoners.

Overtime Pay Laws in Kentucky    choose another state

In Kentucky, employees must be paid no less than one and one-half times their hourly rate for any hours worked in excess of 40 per week. This does not apply to employees exempt from state minimum wage requirements or to: retail sales; purchasing and distribution work; employees of restaurants, hotels or motels; people exempt from the federal overtime pay standards as taxi drivers or agricultural workers; employees of interstate motor carriers or vehicle salespersons, partspersons or mechanics; seamen; or providers of 24-hour parental care on the premises of nonprofit child care facilities. Employees who work seven days in a workweek must be paid one and one-half times their hourly rate for work on the seventh day.
Individuals providing companionship services who are employed by a third-party employer or agency are exempt from the overtime pay rules. Companionship services are services which provide in-home fellowship, care, and protection for a person who, because of advanced age or mental or physical infirmity, cannot care for his or her own needs. These services may include household work related to the care of the aged or infirm person such as meal preparation, bed making, clothes washing, and other similar services. These services may also include the performance of general household work, provided that the household work is incidental, meaning that it does not exceed 20 percent of the total weekly hours worked. Companionship services do not include services relating to the care and protection of the aged and infirm which require and are performed by trained personnel, such as a registered or practical nurse.
Kentucky has amended its regulations defining what constitutes an individual employed in a bona fide executive, administrative, supervisory, or professional capacity, or in the capacity of an outside salesman or outside collector and increased its minimum salary levels to match the Federal Fair Pay rule requirements.

Overtime Pay Laws in Louisiana    choose another state

Louisiana has no law on overtime pay.

Overtime Pay Laws in Massachusetts    choose another state

In Massachusetts, for a workweek in excess of 40 hours, employees must be paid one and one-half times their regular rate. Tipped employees must be paid one and one-half times the applicable minimum wage rate.
Employees exempted from the overtime pay requirements include janitors with living quarters who earn at least $30 per week, caddies and newspaper carriers, executives or executive trainees, if they earn $80 per week, outside salespersons, apprentices and fishermen, switchboard operators in a public exchange, motor vehicle drivers under the Interstate Commerce Commission, seasonal employees, seamen, persons who work in motels, restaurants, nonprofit summer camps, garages, amusement parks, hospitals, homes for the aged, nonprofit school employees, common carriers licensed and regulated by Massachusetts, farm laborers, child actors or performers, and all employers exempt from state minimum wage requirements.

Overtime Pay Laws in Maryland    choose another state

In Maryland, employees subject to the state minimum wage law are to receive one and one-half times their hourly rate for hours worked in excess of 40 during any workweek. Farm workers must be paid overtime for time worked in excess of 60 per workweek, and employees of homes for the aged or disabled must be paid overtime for hours in excess of 48 in a workweek. Exempt from overtime provisions are employees of amusement parks or recreational establishments; employees or employers subject to Part I of the Interstate Commerce Act and employees for whom qualifications for maximum hours are set according to the Federal Motor Carrier Act of 1935; retail automobile salespersons and mechanics; gas station employees; taxi drivers; employees of nonprofit home health care services; hotel or motel employees; restaurant employees and country club employees; and employees (other than craft or trade employees) of not-for-profit concert promoters, theatres, music festivals, or shows. Also exempt are all employees exempt from state minimum wage requirements.

Overtime Pay Laws in Maine    choose another state

In Maine, work in excess of 40 hours in any one week must be compensated at a rate of one and one-half times the regular hourly rate. However, the overtime pay requirements do not apply to: (1) mariners; (2) employees involved in the processing, marketing and storing of perishable goods, agricultural products, meat and fish products; (3) hotel, motel and restaurant employees; (4) automobile mechanics, parts clerks and salespeople. Also exempt are all persons exempt from state minimum wage requirements.
Effective June 29, 2005, a salaried employee is exempt from overtime pay if the employee works in a bona fide executive, administrative, or professional capacity and his or her regular compensation, when converted to an annual rate, exceeds 3000 times the state's minimum hourly wage or the annualized rate established by the United States Department of Labor under the federal Fair Labor Standards Act, whichever is higher.

Overtime Pay Laws in Michigan    choose another state

In Michigan, employees must receive compensation at not less than one and one-half times the regular rate for any work done in any workweek in excess of 40 hours. Special overtime rules apply to public law enforcement personnel, fire fighters and employees of public hospitals or nursing homes. Exempt from overtime pay standards are: (1) bona fide executive, administrative and professional employees; (2) elected public officials and public appointees; (3) employees of seasonal amusement or recreational establishments; (4) agricultural workers; and (5) persons exempt from state minimum wage standards.
In lieu of monetary overtime compensation, an employee may receive 1 1/2 hours of compensatory time for every overtime hour worked, if provided under a collective bargaining agreement or some other written agreement between the employer and the employee's representative.

Overtime Pay Laws in Minnesota    choose another state

In Minnesota, overtime must be paid at the rate of one and one-half times the hourly rate for work in excess of 48 hours in one workweek. Exempt from overtime requirements are commissioned retail salespersons, employees installing farm equipment, parts employees, mechanics of trucks, cars, farm implements and trailers, sugar beet employees, and employees exempt from state minimum wage requirements. Action cannot be taken against nurses employed by certain health facilities based solely on their refusal to work overtime, where in the nurse's judgment, working overtime would jeopardize patient safety. At health care facilities, overtime pay is due after eight hours daily or 80 hours in a 14-day period.

Overtime Pay Laws in Missouri    choose another state

In Missouri, no worker may be employed for a workweek longer than 40 hours unless the employee receives compensation at a rate not less than one and one-half times the regular rate. Employees of amusement or recreation businesses must be paid one and one-half times their regular compensation for any hours worked in a week in excess of 52. Employees who are exempt from state minimum wage requirements are also exempt from overtime requirements.

Overtime Pay Laws in Mississippi    choose another state

Mississippi has no law on overtime pay.

Overtime Pay Laws in Montana    choose another state

In Montana, work in excess of 40 hours a week must be compensated at a rate of at least one and one-half the regular hourly wage rate. Farm workers are not subject to overtime provisions. Students employed at seasonally-run recreation or amusement areas who are furnished with board, lodging or other facilities must be paid at least one and one-half times the regular hourly rate for work in excess of 48 hours in a workweek.
Minimum wage and overtime pay exclusions exist for: resident managers employed in lodging establishments or personal care facilities who, under the terms of their employment, live in the establishment or facility; students in distributive education programs; people performing menial chores at private homes; child care for a head of household; employers' family members; volunteers for nonprofit organizations; "handicapped" workers; apprentices and learners for up to 30 days; 180 days of farm work by a minor learner if the learner is paid at least half the minimum wage; retired or semiretired persons doing incidental work as a condition of residence on a farm or ranch; bona fide executive, administrative and professional employees; outside salespersons; direct sellers; federal employees; and participants in certain welfare-to-work programs.
Exclusions from overtime pay only exist for: interstate motor carriers; railroad, express company, pipeline and water carrier employees covered by Part I of the Interstate Commerce Act; outside buyers of poultry and dairy products; vehicle salespersons, partspersons and mechanics; drivers or drivers' helpers making local deliveries; agricultural workers; employees at county elevators; taxicab drivers; houseparents; employees of forestry or logging operations; and guidepersons employed by licensed outfitters as guides, cooks, camp tenders or livestock handlers; outside salespersons of advertising, office supplies or computers; employees of a police or sheriff's department; firefighters; municipal or county employees; hospital employees; public safety employees; retail employees paid a commission plus at least 1 1/2 times the minimum wage; and radio employees in smaller towns.

Overtime Pay Laws in North Carolina    choose another state

In North Carolina, one and one-half times the regular rate of pay must be paid after 40 hours of work in a workweek (45 for employees of seasonal amusement or recreational establishments).
The following employees are exempt from the overtime pay standard: (1) drivers, drivers' helpers, loaders and mechanics; (2) taxicab drivers; (3) seamen, railroad workers and airline employees; (4) vehicle salespersons and mechanics; (5) salespersons for trailer, boat and aircraft dealers; (6) child care workers or other live-in employees in homes for dependent children; (7) radio and television announcers; and (8) volunteer firefighters and volunteer rescue and emergency medical services personnel in an incorporated, nonprofit volunteer or community fire department or an incorporated, nonprofit rescue squad. Employees who are exempt from state minimum wage requirements are also exempt from overtime requirements.

Overtime Pay Laws in North Dakota    choose another state

In North Dakota, any time worked in excess of 40 hours in one week must be paid at no less than one and one-half times the employee's regular rate of pay per hour. Taxicab drivers must be paid overtime for any hours over 50 in one week. Hospitals and residential institutions may use a 14-day overtime period. The following employees are exempt from overtime requirements: bona fide executives, administrative, or professional employees; agricultural employees; providers of direct care in shelters, foster care etc.; live-in domestics; mechanics paid on commission; straight commission salespersons in retail auto, truck, boat, aircraft, or farm equipment dealerships; computer professionals paid at least $27.63 per hour; outside salespersons; retail salespersons paid on commission plus 1 1/2 times the minimum wage; radio and television employees; artists; employees exempt under the motor carriers exemption of the FLSA; and teachers.

Overtime Pay Laws in Nebraska    choose another state

Nebraska has no law on overtime pay.

Overtime Pay Laws in New Hampshire    choose another state

In New Hampshire, employees must be paid at the rate of time and a half for all time worked in excess of 40 hours per week. Exceptions exist for amusement, seasonal and recreational establishments that do not operate more than seven months out of each calendar year or that earn a substantial amount of their income (66 percent) in a six-month period. New Hampshire's overtime pay law does not apply to employees who are covered by the federal Fair Labor Standards Act or who are exempt from state minimum wage requirements.

Overtime Pay Laws in New Jersey    choose another state

In New Jersey, work in excess of 40 hours in any workweek must be compensated at one and one-half times the employee's regular hourly rate. In addition to persons working for summer camps, conferences, and retreats operated by a nonprofit or religious association during June through September who are exempt from minimum wage coverage altogether, the following are exempt from the overtime pay standard: (1) executive, administrative and professional employees; (2) employees engaged in labor on a farm; (3) employees of hotels; (4) employees of a common carrier of passengers by motorbus; (5) limousine drivers who work for limousine companies; or (6) employees engaged in the raising or care of livestock. Special rules apply to employees involved in first processing of farm products.

Overtime Pay Laws in New Mexico    choose another state

In New Mexico, hours worked over 40 in any seven-day workweek must be paid at the rate of one and one-half times the regular hourly rate. Employees who are engaged in cotton ginning for not more than 14 weeks a year are exempt from the overtime provisions of the act, as are all employees exempt from state minimum wage requirements.

Overtime Pay Laws in Nevada    choose another state

In Nevada, an employer must pay time and one-half an employee's regular rate whenever an employee works (1) more than 40 hours in any week or (2) more than eight hours in any workday unless a specific agreement has been made between employee and employer providing for a scheduled 10-hour day with a four-day week.
The following employees are not covered under the overtime provisions: (1) employees not covered by the state minimum wage provisions; (2) employees who receive compensation at a rate not less than one and one-half times the state minimum rate; (3) outside buyers; (4) retail commission salespersons whose regular rate is more than one and one-half times the minimum wage and more than half of their pay comes from commissions; (5) bona fide executives administrative or professional personnel; (6) those covered by collective bargaining agreements providing for overtime; (7) drivers, drivers' helpers, loaders and mechanics covered under the Motor Carrier Act of 1935; (8) railroad employees; (9) air carrier employees; (10) drivers or drivers' helpers making local deliveries and paid on tip-rate basis or other delivery plan; (11) taxi and limousine drivers; (12) agricultural employees; (13) employees of businesses that net less than $250,000 annually; and (14) automobile salespersons.
Effective July 1, 2005, employees who earn one and one-half times the hourly minimum wage are not exempt from the overtime pay rules.

Overtime Pay Laws in New York    choose another state

In New York, for most occupations, overtime must be paid at one and one-half times the employee's regular rate for working time over 40 hours in the week. For residential employees, overtime rate applies after 44 hours. Employees who are exempt from state minimum wage requirements are also exempt from overtime requirements.

Overtime Pay Laws in Ohio    choose another state

In Ohio, overtime of one and one-half times an employee's regular rate must be paid for all hours over 40 in one workweek, in the manner and methods provided in and subject to the exemptions of federal wage-hour law. Agricultural employees are exempt from overtime requirements, as are employees exempt from the state minimum wage requirements.

Overtime Pay Laws in Oklahoma    choose another state

Oklahoma has no law on overtime pay.

Overtime Pay Laws in Oregon    choose another state

Generally. In Oregon, employees working overtime must be paid at a rate of one and one-half times their regular rate of pay after 40 hours have been worked in one week.
Canneries, driers and packing plants. Time and one-half is also due after 10 hours of work in a day for persons employed in canneries, driers or packing plants, except plants located on farms and primarily processing products produced on those farms and for piece workers.
Employees who are exempt from state minimum wage requirements are also exempt from overtime requirements.
Nurses. Effective January 1, 2006, when a hospital in Oregon learns of a need for replacement staff, the hospital is to make every available effort to obtain registered nurses, licensed practical nurses, or certified nursing assistants for unfilled hours or shifts before requiring overtime. A registered nurse, licensed practical nurse, or certified nursing assistant can not be required to work beyond the agreed upon shift, or more than 48 hours in any hospital defined workweek, or more than 12 consecutive hours in a 24-hour time period except that hospitals may require additional hours over twelve in certain situations.

Overtime Pay Laws in Pennsylvania    choose another state

In Pennsylvania, time and one-half must be paid for overtime in excess of 40 hours per week.
Employees in the following classifications are exempt from overtime provisions: (1) seamen; (2) salespersons, partspersons or mechanics employed by retail vehicle dealerships; (3) taxi drivers; (4) news editors, announcers and chief engineers for radio or television stations in towns that have a certain population level; (5) maple sugar processors; (6) motion picture theater employees; and (7) any employee of a motor carrier for whom the federal Secretary of Transportation has power to establish qualifications and maximum hours of service. Employees who are exempt from state minimum wage requirements are also exempt from overtime requirements.

Overtime Pay Laws in Puerto Rico    choose another state

In Puerto Rico, hours in excess of eight hours during any period of 24 consecutive hours or in excess of 40 hours per week are considered extra hours of work. Double time must be paid for hours worked in excess of 40 weekly, except when by decree of the Board of Minimum Wages or by individual or collective agreement other standards have been provided. Double time also is required for work in excess of eight daily, except that time and one-half is the standard for employers covered by the federal Fair Labor Standards Act. Again, the Board or a collective agreement may provide for different standards.
Employees are exempt from overtime requirements if they are: domestics; federal, commonwealth, or municipal employees; or managers, professionals, or executives as defined by the Minimum Wage Board.

Overtime Pay Laws in Rhode Island    choose another state

In Rhode Island, employers must pay employees one and one-half times their regular rate for any hours in excess of 40. The overtime provisions do not apply to (1) employees of summer camps that are open for less than six months per year; (2) police, fire fighters and rescue personnel employed by cities and towns; (3) employees of the state or its political subdivisions who may elect to receive compensatory time off in lieu of overtime compensation; (4) employees employed in a bona fide executive, administrative or professional capacity who are compensated on a salary basis of not less than $200 per week; (5) salaried employees of a nonprofit national voluntary health agency who may elect to receive compensatory time off in lieu of overtime compensation; (6) employees of a motor carrier whose maximum hours are set under the federal Motor Carriers Act; (7) salespersons, partspersons or mechanics primarily engaged in selling or servicing automobiles, trucks or farm implements who are employed by certain nonmanufacturing employers and whose earnings exceed a certain amount; and (8) agricultural employees. Employees who are exempt from state minimum wage requirements are also exempt from overtime requirements.
Any employee who performs work on a Sunday or holiday and who has an authorized permit from the director of labor to do so must be paid time and one-half. In addition, no employee may be penalized for refusing to work on those days.

Overtime Pay Laws in South Carolina    choose another state

South Carolina has no law on overtime pay.

Overtime Pay Laws in South Dakota    choose another state

South Dakota has no law on overtime pay.

Overtime Pay Laws in Tennessee    choose another state

Tennessee has no law on overtime pay.

Overtime Pay Laws in Texas    choose another state

A retail employer may not require an employee to work seven consecutive days.

Overtime Pay Laws in Utah    choose another state

Utah has no law on overtime pay.

Overtime Pay Laws in Virginia    choose another state

Virginia has no law on overtime pay.

Overtime Pay Laws in Virgin Islands    choose another state

No information available.

Overtime Pay Laws in Vermont    choose another state

In Vermont, overtime is generally due after 40 hours of work in a workweek. However, standards of eight hours daily or 80 hours biweekly apply to hospitals, public health centers, nursing homes, maternity homes, therapeutic community residences and community care homes. Overtime exemptions exist for retail or service establishments; seasonal amusement or recreational establishments; hotels, motels and restaurants; employees of a business engaged in the transportation of persons or property to whom the federal overtime pay standards do not apply; and employees of a political subdivision.
For purposes of determining whether an employee is properly classified as a bona fide executive, administrative, or professional employee under Vermont law, the Department of Labor and Industry will continue to consider the federal rules interpreting white collar exemptions that were in place when the Vermont legislature adopted the white collar exemption, together with any case law interpreting the provisions, as instructive.

Overtime Pay Laws in Washington    choose another state

In Washington, time and one-half the regular rate is due after 40 hours of work in a workweek. Exemptions include employees who are exempt from the minimum wage law; employees who request compensatory time off in lieu of overtime pay; seasonal employees of agricultural fairs; movie projectionists employed pursuant to a contract or collectively bargained agreement regulating hours of work and overtime; truck and bus drivers subject to the Federal Motor Carrier Act whose pay system includes overtime pay reasonably equal to that required by this law; farm employees; and employees in any industry where federal law provides overtime based on a workweek of other than 40 hours. The payment of a salary does not in and of itself exempt a worker from minimum wage and overtime requirements. Commissioned salespersons, primarily engaged in the business of selling cars and trucks retail, must be paid overtime after 40 hours weekly if paid the greater of (a) compensation at the state minimum hourly rate or more for each hour worked up to 40 per week and one and one-half times that rate for all hours worked over 40 or (b) a straight commission, a salary plus commission or a salary plus bonus applied to gross salary. Special overtime provisions apply to fire fighters and law enforcement officials (including security personnel in correctional institutions) who work tours of duty of from seven to 28 consecutive days. Twenty-four hour licensed health care facilities cannot require nurses to work overtime, although exceptions do apply.

Overtime Pay Laws in Wisconsin    choose another state

In Wisconsin, employees working hours in excess of 40 in a workweek must be paid at one and one-half times their regular rate of pay for those excess hours.
Overtime exceptions include: (1) persons whose primary duty consists of administrative, executive or professional work; (2) outside salesperson spending 80 percent of time away from the employer's place of business; (3) higher paid commission employees of retail and service establishments if (a) 50 percent of earnings is from commission and (b) time and one-half of minimum wage is received for all hours worked; (4) drivers, driver's helpers, loaders or mechanics of a motor carrier or a private or contract carrier covered under Sec. 204 of the Motor Carrier Act of 1935 as amended; (5) employees of employers engaged in the operation of a common carrier by rail and subject to Part I of the Interstate Commerce Act, as amended, and any employee of a carrier by air subject to the Railway Labor Act, as amended; (6) taxicab drivers; (7) salespersons selling automobiles, trucks, farm implements, trailers, boats, motorcycles, snowmobiles, other recreation vehicles, or aircraft in establishments selling such items; (8) partspersons or mechanics servicing the vehicles described in (7) when employed by a nonmanufacturing establishment primarily engaged in selling such vehicles to ultimate purchasers; (9) employees of recreational and amusement establishments that do not operate for more than seven months in any calendar year or establishments whose average receipts for six months in the preceding year were not more than 33.3 percent of their average receipts for the other six months of such year; (10) movie theater employees; (11) funeral home employees; (12) drivers and drivers' helpers who make local deliveries and are paid on the basis of trip rates or other payment plans; (13) employees of independent contractors, such as those employees who erect silos and other farm buildings or equipment, build terraces, dig wells or build dams for ponds; (14) employees of small forestry or lumbering operations; (15) employees of hospitals or other institutions primarily engaged in the care of the sick, the aged, the mentally ill, or persons with developmental disabilities who live on the premises and who have made an overtime agreement with the employer prior to starting work; (16) agricultural employees; and (17) domestic workers in private homes.
Time spent in related classroom instruction by indentured apprentices need not be counted as work time when computing overtime.
The Office of the Governor has issued a press release announcing that Wisconsin workers receiving overtime pay will remain protected under state labor laws in place prior to the changes in the federal overtime pay rules.

Overtime Pay Laws in West Virginia    choose another state

In West Virginia, employees must be paid one and one-half times their regular rate for any time worked in excess of 40 hours. In addition to an exemption for persons excluded from coverage under the minimum wage law, there is an overtime exemption for vehicle salespersons, partspersons and mechanics.
The mere fact that an employee is participating in any kind of a ridesharing arrangement does not result in the application of the overtime pay law, requiring overtime pay or otherwise regulating the hours the person may work.
Mandatory overtime for nurses. A hospital may not compel a nurse to work overtime if the nurse believes doing so would jeopardize the safety of patients and employees. This provision applies to certified or licensed practical nurses or a registered nurse involved in direct patient care activities or clinical services, but does not include certified nurse anesthetists. This law does not apply to voluntary overtime, when a nurse needs to complete a patient's care already in progress, where a collective bargaining agreement is in place incorporating a procedure for the hospital to require overtime, or when an unforeseen emergency arises. The law also provides that when a nurse works 12 or more consecutive hours, the nurse must be allowed at least eight consecutive hours of off-duty time after shift completion. With certain exceptions, no nurse is to work more than 16 hours in a 24-hour period. The nurse is responsible for informing the employing hospital of other employment experience during the 24-hour period in question. Where an on-call nurse has worked 16 hours in a hospital, the hospital is to make efforts to find a replacement nurse to work. Hospitals are also to designate an anonymous process for patients and nurses to make staffing complaints related to patient safety.

Overtime Pay Laws in Wyoming    choose another state

Wyoming has no law on overtime pay.