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State-by-state guide

Overtime laws by state, compared with federal law

Federal law requires time and a half after 40 hours in a workweek, with no daily overtime and no double time. California adds both. Washington and California set the highest salaries an employer must pay before it can treat you as exempt, and Minnesota's own law waits until 48 hours, though most Minnesota employers must follow the federal 40-hour rule.

Last reviewed November 9, 2026 · General information, not legal advice

California · daily overtime12841.5xafter 8 hours2xafter 12 hours

The short answer

Forty hours, unless you work in California.

Under the federal Fair Labor Standards Act, non-exempt employees must be paid 1.5 times their regular rate for every hour over 40 in a workweek; federal law has no daily overtime, no double time, and a salary floor for the white-collar exemptions of $684 a week ($35,568 a year), restored in May 2026 after a court struck down a 2024 increase.

California is the only state on this page with daily overtime for most workers (after 8 hours), double time (after 12 hours a day, and after 8 hours on the seventh straight workday) and a seventh-day overtime rule. Washington ($80,168.40 a year in 2026), California ($70,304) and New York ($62,353.20 to $66,300 for executive and administrative staff) require far higher salaries than federal law before an employee can be exempt, and private employers covered by federal law cannot give comp time instead of overtime pay.

40 hours

The federal workweek

Time and a half for every hour over 40 in a workweek.

8 · 12

The California workday

1.5x after 8 hours in a workday, 2x after 12.

$684

Federal exempt salary, weekly

$35,568 a year. Washington, California and New York require more.

Comp time

Private employers

Under federal law, only state and local government agencies may give comp time instead of overtime pay.

When overtime starts

By the day, or by the week.

Every track below is drawn to scale. Left: hours in one workday, 0 to 14. Right: hours in one workweek, 0 to 60. The thin line is straight time; gold is time and a half; cream is double time.

Federal
In a workday

No daily overtime

In a workweek

Over 40

California
In a workday

1.5x after 8 hours · 2x after 12

In a workweek

Over 40, plus the daily rules

Washington
In a workday

None (some public works aside)

In a workweek

Over 40

Oregon
In a workday

1.5x after 10: manufacturing (13-hour cap in any 24 hours), canneries, driers, packing plants

1.5x after 8: sawmills, planing mills, shingle mills, logging camps (up to 3 more hours)

In a workweek

Over 40

Illinois
In a workday

No daily overtime

In a workweek

Over 40

Minnesota
In a workday

No daily overtime

In a workweek

Over 48 (state law); federal 40 covers most employers

New York
In a workday

No daily overtime

In a workweek

Over 40 (44 for live-in workers)

Ghost markers show a second number: in Minnesota, the federal 40-hour rule that covers most employers; in New York, the 44-hour rule for live-in workers. Oregon's daily overtime applies only in the industries named.

For farmworkers, the weekly line is still moving.

Weekly hours before overtime begins, by year. Bar heights are to scale from zero, and each step starts when that figure took effect. Federal law and Illinois exempt farmworkers from overtime; Minnesota's threshold is 48 hours. California's bar starts January 1, 2025, when the rule reached employers of every size; earlier phase-in steps are not shown. Washington's steps are for farmworkers other than dairy workers, who get overtime after 40 hours.

New York

605652484440

Oregon

554840

Washington

554840

California

40

At a glance

Exempt salary floors, drawn to scale.

If you are paid a salary below these yearly amounts, you are generally owed overtime no matter what your title says. Bars share one scale, $0 to $100,000. The dashed line marks the federal floor of $35,568, which applies wherever a state's own floor is lower and the employer is covered by federal law.

FederalFLSA, 29 CFR 541.600

$35,568$684 a week, now$35,5682027: no change announced

CaliforniaLab. Code § 515(a)

$70,3042026 ($1,352 a week)$72,384from Jan. 1, 2027

WashingtonWAC 296-128-545

$80,168.402026, all employers$92,1962027, 51+ employees ($82,976.40 if 1–50)

New YorkNYC, Long Island, Westchester

$66,3002026 ($1,275 a week)2027: not yet published

New Yorkrest of state

$62,353.202026 ($1,199.10 a week)2027: not yet published

Oregonstate floor, standard rate

$32,344July 1, 2026 to June 30, 2027Next figure: not yet announced

Illinoistracks the federal level

$35,568820 ILCS 105/4a(2)(E)$35,5682027: no change announced

Minnesotastate rule, $250 a week

$13,000Minn. R. 5200.0190$13,0002027: rule unchanged

Washington's 2027 bar shows the figure for employers with 51 or more employees. Oregon's floor is the standard-area figure; it is $34,944 in the Portland metro area and $30,264 in nonurban counties. Minnesota's bar shows the state rule; employers covered by federal law must meet $35,568.

Swipe the table sideways to see every column.

Overtime rules in 2026, side by side
JurisdictionWeekly overtimeDaily overtimeDouble timeSeventh dayExempt salary floor, 2026Comp time instead of pay (private jobs)Farmworker overtime, 2026
FederalOver 40 hours a workweekNoneNoneNone$684/week ($35,568)Not allowed (public agencies only)Exempt
CaliforniaOver 40Over 8 hours (1.5x)Over 12 hours a day; over 8 on the 7th day1.5x for first 8 hours on the 7th consecutive workday$1,352/week ($70,304)Narrow state option; federal bar applies to FLSA-covered employersOver 8 a day / 40 a week; 2x over 12
WashingtonOver 40None (some public works aside)NoneNone$1,541.70/week ($80,168.40)Not allowed (L&I)Over 40 a week
OregonOver 40Over 10 hours in manufacturing, canneries, driers and packing plants; over 8 in sawmills, planing mills, shingle mills and logging campsNoneNoneState: $32,344 (standard rate area); federal $35,568 controls for covered employersNot allowed (BOLI)Over 48 a week (40 from 2027)
IllinoisOver 40NoneNone24 hours of rest in every 7 days for most workers; premium only for domestic workers who work their rest day$684/week (tracks federal)Not allowed (IDOL)Exempt
MinnesotaOver 48 (state law); federal 40 covers most employersNoneNoneNoneState: $250/week; federal $684 controls for covered employersNot allowed (state law allows it for government only)Over 48 a week
New YorkOver 40 (44 for live-in workers)NoneNoneDay of rest for many workers; farmworkers get 1.5x if they work it$1,275/week NYC area; $1,199.10 rest of state (executive and administrative)Federal rule applies (not allowed)Over 52 a week

Jurisdiction by jurisdiction

The rule, the numbers, the fine print.

When federal and state law both cover your job, you get whichever rule pays you more. Sections for states other than California are general information only.

Federal baseline

Fair Labor Standards Act · applies in every state

The FLSA sets the floor everywhere in the country. When a state rule is more generous to the worker, the state rule applies instead. Federal overtime is counted by the workweek only.

40 hours

in a workweek, then time and a half

Overtime rate
1.5xregular rate, hours over 40 in a workweek
Exempt salary floor
$684 a week$35,568 a year, restored May 15, 2026
Highly compensated
$107,432total yearly pay, incl. $684 a week salary
Computer employees
$27.63 an hourhourly alternative to salary

The rule

  • Time and a half for every hour over 40 in a workweek. A workweek is a fixed, repeating period of 168 hours, and each week stands alone: hours cannot be averaged over two weeks.
  • No daily overtime, no double time, and no extra pay for weekends, holidays or rest days as such.
  • Exempt status needs both a salary of at least $684 a week and job duties that meet the executive, administrative, professional, computer or outside sales test.
  • A 2024 rule raised the salary floor to $844 a week on July 1, 2024 and scheduled $1,128 a week for January 2025. A federal court vacated that rule on November 15, 2024. The Department of Labor formally restored the $684 level in a rule published May 15, 2026. No higher level has been announced for 2027.

Exceptions worth knowing

  • Comp time: only employees of state and local government agencies may get comp time instead of overtime pay (1.5 hours off per overtime hour, up to 240 hours, or 480 for public safety, emergency response and seasonal work). Private employers may not. A bill to change this (H.R. 2870) was pending in Congress, not law, as of November 9, 2026.
  • Agriculture: employees employed in agriculture are exempt from federal overtime.
  • Tax: the 2025–2028 federal overtime deduction covers only the premium part of FLSA-required overtime. See the FAQ below.

Law: 29 U.S.C. § 207(a)(1) (overtime); § 207(o) (public-agency comp time); § 213(b)(12) (agriculture); 29 CFR 541.600 (salary level); 29 U.S.C. § 255(a) (2-year deadline, 3 if willful).
Official source: U.S. DOL overtime · Salary levels

California

Daily overtime, double time and a seventh-day rule

California has the broadest overtime rules on this page. Overtime can be owed by the day, by the week, and on the seventh straight day of work.

8 · 12

hours in a workday: 1.5x after 8, 2x after 12

Time and a half
Over 8 a dayor over 40 a week; first 8 hours on the 7th consecutive workday
Double time
Over 12 a dayand over 8 on the 7th consecutive workday
Exempt salary, 2026
$70,3042x the $16.90 minimum wage, full time
Exempt salary, 2027
$72,3842x the $17.40 minimum wage from Jan. 1, 2027

The rule

  • 1.5x your regular rate for hours over 8 in a workday, over 40 in a workweek, and for the first 8 hours on the seventh consecutive day of work in a workweek.
  • 2x your regular rate for hours over 12 in a workday and for hours over 8 on that seventh consecutive day.
  • To be exempt, a white-collar employee must earn a monthly salary of at least two times the state minimum wage for full-time work (40 hours a week) and meet the duties test. That is $5,858.67 a month in 2026 and $6,032 a month in 2027.
  • Computer software employees paid by the hour or salary must earn at least $58.85 an hour or $122,573.13 a year in 2026, rising to $61.03 an hour or $127,108.34 a year on January 1, 2027.

Exceptions worth knowing

  • Alternative workweek: if two-thirds of a work unit approves it by secret ballot, an employer can schedule up to 10 hours a day within a 40-hour week without daily overtime. Double time still applies after 12 hours.
  • Comp time: Cal. Lab. Code § 204.3 describes a narrow comp time option (written request, a written agreement made in advance, a 240-hour cap), and it excludes several industries. The Labor Commissioner notes it does not address federal law, and federal law bars comp time for private employers the FLSA covers.
  • Farmworkers: since January 1, 2025, agricultural employers of every size owe overtime after 8 hours a day or 40 a week and double time after 12 hours a day. The seventh-day rule of Wage Order 14 also applies.

Law: Cal. Lab. Code § 510(a) (daily, weekly and seventh-day overtime); § 511 (alternative workweek); § 515(a) and (c) (salary test); § 515.5 (computer software); § 204.3 (comp time); § 860 (farmworker phase-in). Wage claims: 3 years for overtime.
Official source: DIR overtime FAQ · 2027 minimum wage and salary threshold · Farmworker overtime FAQ

Washington

Weekly overtime and the highest salary floor on this page

Washington counts overtime by the week, like federal law, but sets the highest salary floor for exempt status, tied to the state minimum wage.

$80,168.40

exempt salary floor in 2026, the highest on this page

Overtime
Over 40 a week1.5x regular rate, 7-day workweek
Exempt salary, 2026
$1,541.70 a week$80,168.40 a year, all employers
Exempt salary, 2027
$1,773 a week$92,196 a year, 51 or more employees
Small employers, 2027
$1,595.70 a week$82,976.40 a year, 1 to 50 employees

The rule

  • 1.5x the regular rate for hours over 40 in a seven-day workweek. Washington law does not require overtime for hours over 8 in a day, except on certain public works projects.
  • The exempt salary floor is a multiple of the state minimum wage: 2.25x in 2026 ($17.13 an hour). In 2027 the minimum wage rises to $17.73, and the multiple becomes 2.5x for employers with 51 or more employees, while employers with 1 to 50 stay at 2.25x.
  • L&I projects that both employer sizes reach 2.5x in 2028. Hourly computer professionals have a separate floor: $62.06 an hour in 2027 (3.5x the minimum wage).

Exceptions worth knowing

  • Comp time: L&I says time off in place of overtime pay is limited to public employees, and private employers cannot enter into these agreements.
  • Farmworkers: dairy workers get overtime after 40 hours. All other agricultural workers have had overtime after 40 hours a week since January 1, 2024, after phase-in steps of 55 hours (2022) and 48 hours (2023).

Law: RCW 49.46.130 (overtime, including agricultural phase-in); WAC 296-128-545 (salary threshold); L&I Administrative Policy ES.A.8.1.
Official source: L&I overtime · 2027 salary schedule · 2027 announcement

Oregon

Weekly overtime, daily limits in manufacturing and timber, farm phase-in ending 2027

Most Oregon workers get overtime by the week. Factory, food-processing, sawmill and logging workers also have daily overtime, and farmworkers reach the 40-hour rule on January 1, 2027.

10 hours

a day in manufacturing, then 1.5x; most jobs: over 40 a week

Overtime
Over 40 a week1.5x regular rate, most employers
Manufacturing
Over 10 a day1.5x; 13-hour cap in any 24 hours
Farmworkers, 2026
Over 48 a weekdrops to 40 on Jan. 1, 2027
State salary floor
$32,344 a yearstandard rate area, July 1, 2026 to June 30, 2027

The rule

  • 1.5x the regular rate for hours over 40 in a workweek for most employers.
  • In mills, factories and other manufacturing establishments, hours over 10 in a day are overtime at 1.5x, with a hard ceiling of 13 hours in a 24-hour period. Canneries, driers and packing plants also pay 1.5x for hours over 10 in a day.
  • In sawmills, planing mills, shingle mills and logging camps, the daily limit is 8 hours (48 a week); up to 3 more hours a day are allowed at 1.5x.
  • Oregon's own salary floor for exempt status is the regional minimum wage times 2,080 hours: from July 1, 2026, $32,344 a year in the standard area ($15.55), $34,944 in the Portland metro area ($16.80) and $30,264 in nonurban counties ($14.55). Each is below the federal $684 a week ($35,568), so employers covered by federal law must meet the federal number. BOLI says to apply whichever standard is more favorable to the employee.
  • The next regional minimum wages, which reset the state salary floor, take effect July 1, 2027 and had not been announced as of November 9, 2026.

Exceptions worth knowing

  • Comp time: BOLI says only government agencies may offer comp time instead of overtime. Private employers must pay overtime.
  • Farmworkers: overtime after 55 hours in 2023 and 2024, 48 hours in 2025 and 2026, and 40 hours from January 1, 2027.
  • Portland metro: the higher Portland-area minimum wage raises the state salary floor there to $34,944 a year.

Law: ORS 653.261 (weekly overtime); ORS 652.020 (manufacturing, sawmills and logging camps); ORS 653.265 (canneries, driers, packing plants); ORS 653.272 (agriculture); ORS 653.010(9) and OAR 839-020-0004 (salary).
Official source: BOLI overtime · Salaried exempt employees · Agricultural overtime

Illinois

Weekly overtime, federal salary test, a day of rest

Illinois follows the federal pattern: overtime after 40 hours a week and the same salary floor for exempt status. Its One Day Rest in Seven Act adds a rest-day right, generally not extra pay.

40 hours

in a workweek, then 1.5x; no daily overtime

Overtime
Over 40 a week1.5x regular rate
Exempt salary
$684 a weektied to the federal level
Day of rest
24 hoursin every 7 consecutive days
Farmworkers
Exemptagricultural labor

The rule

  • 1.5x the regular rate for hours over 40 in a workweek. There is no daily overtime, and working a Sunday or holiday does not by itself trigger overtime.
  • The executive, administrative and professional exemptions follow the federal definitions and the federal salary level, so the floor is $684 a week ($35,568 a year).
  • Most employees get at least 24 consecutive hours of rest in every seven consecutive days. The law excludes some workers, including part-time employees working 20 hours a week or less, agricultural and coal mining workers, security guards, and exempt executive, administrative and professional employees and supervisors. An employer may ask the Illinois Department of Labor for permission to let volunteers work a seventh day. The law adds premium pay only for domestic workers, who get the overtime rate for hours they volunteer to work on their day of rest.

Exceptions worth knowing

  • Comp time: the Illinois Department of Labor says comp time in place of overtime pay is not legal in the private sector. Only governmental bodies may use it.
  • Agriculture: employers of agricultural labor are exempt from state overtime for that work.

Law: 820 ILCS 105/4a(1) (overtime); 105/4a(2)(C) (agriculture); 105/4a(2)(E) (exemptions and salary); 105/4a(4) (government comp time); 820 ILCS 140/2 (One Day Rest in Seven Act).
Official source: IDOL overtime FAQ · One Day Rest in Seven FAQ

Minnesota

State law starts at 48 hours, but federal law covers most jobs

Minnesota's own overtime law kicks in after 48 hours a week. Most Minnesota employers are also covered by federal law, which requires overtime after 40, and the more protective rule wins.

48 hours

a week under state law; federal 40 covers most jobs

State overtime
Over 48 a week1.5x regular rate, all employers
Federal overtime
Over 40 a weekcovered employers, e.g. $500,000+ in sales
State salary test
$155 to $250 a weekfar below the federal $684
Farm salary exclusion
$838.64 a week2026 salaried farmworker floor

The rule

  • The Minnesota Fair Labor Standards Act requires 1.5x the regular rate after 48 hours in a workweek, for every employer regardless of size.
  • Federal law requires overtime after 40 hours for businesses with interstate commerce ties or more than $500,000 in annual sales and certain others such as hospitals and schools. For those jobs, 40 is the number. The state labor department often refers overtime cases to the U.S. Department of Labor for this reason.
  • Minnesota's salary tests for the executive, administrative and professional exemptions are $250 a week (or $155 to $170 a week under a stricter duties test). Employers covered by federal law must still meet $684 a week.

Exceptions worth knowing

  • Comp time: state law lets only the state and its political subdivisions give time off at 1.5 hours per overtime hour. It gives private employers no comp time option.
  • Farmworkers: agricultural workers get overtime after 48 hours a week. A salaried farmworker is excluded if paid at least $838.64 a week in 2026; that floor is tied to the state minimum wage, which rises to $11.87 an hour on January 1, 2027.

Law: Minn. Stat. § 177.25 (overtime and government comp time); § 177.23, subd. 7 (exclusions, including salaried agricultural workers); Minn. R. 5200.0190 to 5200.0210 (salary tests).
Official source: DLI overtime · DLI agriculture · Minn. Stat. § 177.25

New York

Weekly overtime, regional salary floors, farm phase-in to 2032

New York counts overtime by the week and sets a higher salary floor for executive and administrative employees, with a higher figure downstate.

$66,300

a year, 2026 downstate salary floor (NYC, Long Island, Westchester), executive and administrative

Overtime
Over 40 a week44 for residential (live-in) employees
Exempt salary, NYC area
$1,275 a week$66,300 a year, 2026
Exempt salary, rest of state
$1,199.10 a week$62,353.20 a year, 2026
Farmworkers, 2026
Over 52 a week48 in 2028, 44 in 2030, 40 in 2032

The rule

  • 1.5x the regular rate for hours over 40 in a workweek, or over 44 for residential employees who live in the employer's home. Some workers who are exempt from federal overtime still get New York overtime, at 1.5x the state minimum wage.
  • No daily overtime, and no required premium for nights, weekends or holidays unless a contract or union agreement promises it.
  • The executive and administrative salary floor in 2026 is $1,275 a week in New York City, Nassau, Suffolk and Westchester, and $1,199.10 a week elsewhere. It rises in step with the state minimum wage. The minimum wage is not changing on January 1, 2027 ($17.00 downstate, $16.00 elsewhere), and the Department of Labor had not published 2027 salary figures as of November 9, 2026.

Exceptions worth knowing

  • Day of rest: many workers, including factory, store, hotel, restaurant, domestic and farm workers, must get 24 consecutive hours of rest each calendar week. A farmworker who volunteers to work that day gets at least 1.5x the regular rate for every hour of it.
  • Farmworkers: overtime after 60 hours from 2020, 56 from 2024, 52 from January 1, 2026, then 48 (2028), 44 (2030) and 40 (January 1, 2032).
  • Comp time: New York adds no private-employer comp time option, so the federal rule applies.

Law: 12 NYCRR 142-2.2 (overtime); 12 NYCRR 142-2.14 (exempt salary); 12 NYCRR 190-2.4 (farm overtime); N.Y. Labor Law § 161 (day of rest).
Official source: NYS DOL overtime FAQ · Salary thresholds · Farm overtime

What to do if this happened to you

Unpaid overtime: first steps.

  1. Write down your hours. Keep your own log of start, stop and meal-break times for each day, and save schedules, texts and emails that show when you worked.

  2. Check every pay stub. Compare the overtime hours and rate on each stub with your log. In California, look for daily overtime and double time, not just hours over 40.

  3. Question the label. A job title or a salary does not make you exempt. Your pay must meet the salary floor for your state and your real duties must meet the legal test.

  4. Watch the clock on deadlines. Federal overtime claims must generally be filed within 2 years (3 if the violation was willful). California wage claims for overtime have a 3-year deadline. Other states set their own deadlines; ask the state agency.

  5. Contact the right agency or a lawyer. Use the links below for your state.

If you work in California

Talk to a California employment lawyer.

Employees First Labor Law represents employees in California overtime cases. Read our California overtime guide, or ask for a free case review. You can also file a wage claim with the California Labor Commissioner.

Free case reviewCalifornia overtime guide

If you work in another state

Start with your state agency.

Our attorneys are licensed only in California, and we accept clients only in California.

FAQ

Questions people ask about overtime.

Do any states require daily overtime?

Among the states on this page, California is the only one with daily overtime for most workers: time and a half after 8 hours in a workday and double time after 12. Oregon requires daily overtime only in certain industries: after 10 hours a day in mills, factories and other manufacturing establishments and in canneries, driers and packing plants, and after 8 hours a day in sawmills, planing mills, shingle mills and logging camps. Federal law and Washington, Illinois, Minnesota and New York count overtime by the workweek only.

Is my employer required to pay double time?

Only California requires double time by law: twice your regular rate for hours over 12 in a workday and for hours over 8 on the seventh consecutive day of work in a workweek. Federal law and the other five states on this page do not require double time. An employment contract or union agreement can still promise it.

Can a private employer give me comp time instead of overtime pay?

Generally no. Under the federal Fair Labor Standards Act, only state and local government agencies may give comp time instead of overtime pay, at 1.5 hours off for each overtime hour, capped at 240 hours (480 for public safety, emergency response and seasonal work). The labor agencies in Washington, Oregon and Illinois say private employers cannot do it. A California statute (Cal. Lab. Code § 204.3) describes a narrow comp time option, but it does not override the federal rule for employers the FLSA covers.

What is the minimum salary to be exempt from overtime in 2026?

Under federal law it is $684 a week ($35,568 a year). Higher state floors apply in California ($70,304 a year in 2026 and $72,384 in 2027), Washington ($80,168.40 in 2026; $92,196 in 2027 for employers with 51 or more employees) and New York for executive and administrative employees ($66,300 in New York City, Long Island and Westchester; $62,353.20 elsewhere). Salary alone never makes you exempt: your actual job duties must also meet the legal test.

Did the federal overtime salary threshold go up?

Not for long. A 2024 U.S. Department of Labor rule took effect July 1, 2024, raising it to $844 a week, and scheduled $1,128 a week for January 2025, but a federal court vacated that rule on November 15, 2024. In May 2026 the Department formally restored the $684-a-week level and the $107,432 level for highly compensated employees. As of November 9, 2026, no higher federal level has been announced for 2027.

Does the federal “no tax on overtime” deduction cover California daily overtime?

Generally not. IRS guidance says only overtime required by the federal FLSA qualifies, and only the premium part (the “half” in time and a half) counts, so pay owed only under state law, such as California daily overtime in a week of 40 hours or less, or the extra pay above time and a half for double time, does not. The deduction applies for 2025 through 2028, is capped at $12,500 ($25,000 on a joint return) and phases out above $150,000 of modified adjusted gross income ($300,000 joint). This is a tax rule, not a pay rule; ask a tax professional about your return.

Do farmworkers get overtime?

Not under federal law, which exempts agricultural employees from overtime. California farmworkers at every employer size have had the same overtime as other workers since January 1, 2025 (after 8 hours a day or 40 a week, double time after 12), and Washington farmworkers get overtime after 40 hours a week since January 1, 2024. Oregon's threshold is 48 hours in 2026 and 40 from January 1, 2027; New York's is 52 hours in 2026, falling to 40 by 2032; Minnesota's is 48 hours; Illinois exempts agricultural labor.

Sources

Official sources we used.

Every figure on this page was checked against these sources on November 9, 2026.

General information, not legal advice. Laws change; check the official sources above. Our attorneys are licensed only in California, and we accept clients only in California.

California? Call (310) 853-3461