Overtime Rules by State (2026)

Nevada is the exception inside the exception: its 8-hour rule only applies if your regular rate is below 1.5× the state minimum wage — $18.00 an hour in 2026. Above that, you get weekly overtime only.

How to work out overtime in any state

1. Start with the federal rule: total the week's hours, and pay 1.5× for everything over 40.
2. Check for a daily rule: if your state has one, calculate the day-by-day premiums separately, then drop those hours out of the weekly count.
3. Pay the higher amount — never both, for the same hour.
4. Use the regular rate, not the base wage: include non-discretionary bonuses, commissions and shift differentials.

The exemption question matters more than the state rule

Most unpaid-overtime disputes are not about the overtime formula — they are about whether you were exempt at all. The federal salary floor is $684 a week ($35,568 a year), and states including New York, Washington and California set much higher thresholds. If your salary sits below the threshold for your state, you are non-exempt and owed overtime for hours over 40, whatever your contract calls you.

Frequently asked questions

Which states pay overtime after 8 hours?

California, Alaska and Nevada. Nevada's rule applies only below 1.5× the state minimum wage ($18.00/hour in 2026). Colorado's daily threshold is 12 hours and Oregon's is 10 hours for manufacturing employees.

Which states require double time?

Only California, as a general rule: 2× after 12 hours in a workday and after 8 hours on the 7th consecutive workday. Colorado has narrow double-time rules on the 7th day.

Do I get overtime if I work 7 days in a row?

In California, every hour on the 7th consecutive day is premium. Illinois requires 1.5× on the 7th day under the One Day Rest in Seven Act. Kentucky pays 1.5× for all hours on a 7th day. In most other states a 7-day week only pays overtime once you pass 40 hours.

Does my state minimum wage affect my overtime rate?

Indirectly. Overtime is based on your regular rate, which must be at least the applicable minimum wage. Higher state minimums push up the whole calculation, and in Nevada they determine whether daily overtime applies at all.