This is a plain-English summary for planning, not legal advice. Your state labor department has the final word.
The federal rule
The Fair Labor Standards Act (FLSA) requires overtime pay of at least 1.5 times the regular rate for hours worked over 40 in a workweek. A workweek is any fixed 7-day period your employer sets. Hours are not averaged across two weeks.
Who is covered
Most hourly workers are non-exempt and get overtime. Some salaried workers in executive, administrative or professional roles are exempt, which depends on both salary level and job duties.
States with daily overtime
- California: 1.5x after 8 hours in a day and for the first 8 hours on the seventh straight day of work; 2x after 12 hours in a day.
- Alaska and Nevada: daily overtime after 8 hours in a day, with exceptions.
- Colorado: overtime after 12 hours in a day, as well as after 40 in a week.
Other states mostly follow the 40-hour weekly rule. A few have their own exceptions, so check your state.
Calculate it
The time card calculator applies the weekly rule or the daily-plus-weekly rule. The overtime calculator shows pay at 1.5x or 2x.
Updated Oct 9, 2026.