Overtime Laws by State: A 2026 Reference Guide
Updated February 2026 · Covers US states and Canadian provinces
Overtime laws vary dramatically across the United States and Canada. While federal law sets the baseline, many states and provinces have their own rules that may be more favorable to workers. This guide provides a comprehensive, up-to-date comparison of overtime rules across all major jurisdictions.
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🇺🇸 Federal Law (FLSA)
The Fair Labor Standards Act (FLSA) is the federal baseline that applies to all states. Key provisions:
40 hours
None (federal)
1.5× (time and a half)
$58,656/year
Key point: States can have overtime rules that are more generous than the FLSA, but never less. If your state requires daily OT after 8 hours, that applies in addition to the federal 40-hour weekly rule.
🇺🇸 US State Overtime Laws Comparison
The following table compares overtime rules across US states with notable differences from federal law. States not listed follow the standard federal FLSA (weekly OT > 40 hours, no daily OT).
| State | Weekly OT | Daily OT | Double Time | Notes |
|---|---|---|---|---|
| Most States (Federal FLSA) | > 40h | None | None | Applies to ~35 states including Texas, New York, Florida |
| California | > 40h | > 8h | > 12h daily, 7th consecutive day > 8h | Most complex OT law in the US |
| Alaska | > 40h | > 8h | None | Daily and weekly OT both apply |
| Nevada | > 40h | > 8h | None | Only if employee earns < 1.5x minimum wage |
| Colorado | > 40h | > 12h | None | Higher daily threshold than most |
| Puerto Rico | > 40h | > 8h | None | Daily OT applies to most workers |
| Kansas | > 46h | None | None | Higher weekly threshold than federal |
| Minnesota | > 48h | None | None | Highest weekly threshold in the US |
🌴 California Overtime Rules — Deep Dive
California has the most complex overtime laws in the nation. Understanding them is critical for both employers and employees:
Daily Overtime (> 8 hours)
Any non-exempt employee who works more than 8 hours in a single workday is entitled to 1.5x pay for all hours beyond 8. This applies regardless of how many hours you work that week.
Example: You work 10 hours on Monday, 6 hours on Tuesday (16 total). You earn 2 hours of daily OT from Monday, even though you only worked 16 hours for the week — well under the 40-hour weekly threshold.
Double Time (> 12 hours daily)
Hours worked beyond 12 in a single day are paid at 2.0x (double time). This is one of the most generous overtime protections in the country.
7th Consecutive Day Rule
If you work all 7 days of a workweek, the first 8 hours on the 7th day are paid at 1.5x, and any hours beyond 8 on the 7th day are paid at 2.0x.
California OT Summary Table
| Condition | Rate |
|---|---|
| First 8 hours in a day | 1.0x (regular) |
| Hours 9–12 in a day | 1.5x (overtime) |
| Hours 13+ in a day | 2.0x (double time) |
| 7th consecutive day, first 8 hours | 1.5x |
| 7th consecutive day, hours 9+ | 2.0x |
| Weekly hours > 40 (in addition to daily OT) | 1.5x |
🇨🇦 Canadian Overtime Laws by Province
Overtime in Canada varies by province and territory. Most provinces use either a weekly threshold or a combined daily/weekly threshold. The overtime rate is universally 1.5x across Canada.
| Province / Territory | Daily OT | Weekly OT | Double Time |
|---|---|---|---|
| Federal (ESDC) | > 8h | > 40h | None |
| Ontario | None | > 44h | None |
| Quebec | None | > 40h | None |
| British Columbia | > 8h | > 40h | > 12h daily |
| Alberta | > 8h | > 44h | None |
| Manitoba | > 8h | > 40h | None |
| Saskatchewan | > 8h | > 40h | None |
| New Brunswick | None | > 44h | None |
| Nova Scotia | None | > 48h | None |
| Newfoundland & Labrador | None | > 40h | None |
| PEI | None | > 48h | None |
🇬🇧 United Kingdom
The UK has a fundamentally different approach to overtime compared to North America:
- No statutory overtime rate. Unlike the US, the UK does not require employers to pay a higher rate for overtime hours. Any overtime premium must be specified in your employment contract.
- Working Time Regulations (WTR): The legal maximum workweek is 48 hours, averaged over 17 weeks. Employees can choose to opt out of this limit.
- National Minimum Wage: Your average pay (including overtime hours) must not fall below the National Minimum Wage when calculated across all hours worked.
- Contractual overtime: Many UK employment contracts specify overtime rates (commonly time-and-a-half or double time for weekends/holidays), but these are contractual rather than statutory.
🇦🇺 Australia
Australian overtime rules are governed by the Fair Work Act 2009 and industry-specific Modern Awards:
38 hours/week
1.5x
2.0x (award-dependent)
2.0x – 2.5x
Many Modern Awards include daily overtime thresholds (commonly 10 hours), penalty rates for weekends and public holidays, and specific provisions for part-time and casual employees. Check your specific award at Fair Work Australia.
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