Which States Have Daily Overtime?
Built & reviewed by Nandu Kannan · Overtime rules cited to primary statutes
Just four: California, Alaska, Colorado and Nevada. In these states you can earn overtime before 40 hours a week, based on how long you work in a single day. Everywhere else, overtime starts only after 40 hours in the workweek. Here's exactly when the higher rates kick in:
The 4 daily-overtime states
- California — 1.5× after 8 h/day, 2× after 12 h/day, plus a 7th-consecutive-day premium. (CA Labor Code §510)
- Alaska — 1.5× after 8 h/day (employers with 4+ employees). (Alaska Stat. §23.10.060)
- Colorado — 1.5× after 12 h/day or 12 consecutive hours. (Colorado COMPS Order)
- Nevada — 1.5× after 8 h/day — only for employees earning under 1.5× the minimum wage. (Nevada NRS §608.018)
Every other state — and Washington, D.C. — follows the federal FLSA rule: 1.5× only after 40 hours in a workweek. See the full overtime laws by state reference, or run your numbers with the overtime calculator.
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Frequently asked questions
Which states have daily overtime in 2026?
Four states pay daily overtime: California, Alaska, Colorado and Nevada. In these states you can earn 1.5× before reaching 40 hours in a week, based on hours worked in a single day. Every other state follows the federal rule — overtime only after 40 hours in a workweek.
What is the difference between daily and weekly overtime?
Weekly overtime (the federal FLSA rule) pays 1.5× for hours over 40 in a workweek, no matter how they are spread across days. Daily overtime pays 1.5× for hours over a set number in a single day — for example over 8 hours in California, Alaska and Nevada, or over 12 hours in Colorado — even if your weekly total is under 40.
Which state has the strongest overtime rules?
California. It is the only state with daily overtime (after 8 hours), double time (after 12 hours in a day), and a 7th-consecutive-day premium, all stacked on top of the weekly 40-hour rule.
Does my state pay overtime after 8 hours?
Only if you work in California, Alaska, or Nevada (Nevada only for lower-wage employees). Colorado pays daily overtime after 12 hours. In all other states, there is no daily overtime — you earn 1.5× only after 40 hours in the week.
General information based on the FLSA and each state's statute. Not legal or payroll advice.