The federal Fair Labor Standards Act (FLSA) sets the floor for overtime pay in the United States: 1.5 times your regular rate for any hours worked beyond 40 in a single workweek. But the floor is not the ceiling. Many states have enacted stronger protections, and if both federal and state laws apply, the one most favorable to the worker controls. Knowing which law governs your situation can mean the difference between getting paid correctly and leaving money on the table.
The Federal Baseline: FLSA
Under the FLSA, non-exempt employees must receive overtime pay at time-and-a-half for hours worked beyond 40 in a workweek. A workweek is any fixed, recurring period of 168 hours (seven consecutive 24-hour periods). Employers cannot average hours over two weeks to avoid overtime. Key exemptions include executive, administrative, and professional employees earning at least $35,568 per year (as of the 2024 threshold increase). Computer professionals paid at least $27.63 per hour or $105,086 per year are also exempt.
State-by-State Highlights
California — The Most Protective State
California goes well beyond the FLSA. Overtime applies at 1.5x for hours worked beyond 8 in a single day or 40 in a week, and 2x (double time) for hours beyond 12 in a day or beyond 8 on the seventh consecutive day of work. California also has a higher salary threshold for exempt employees ($66,560 for employers with 26+ employees in 2024). If you work in California, daily overtime is your most important right to understand.
Alaska, Nevada, Colorado
These states require daily overtime at 1.5x beyond 8 hours. Colorado's threshold rises to 12 hours for certain industries. Alaska also mandates overtime for hours beyond 8 in a day or 40 in a week, whichever benefits the employee more.
New York
New York generally follows the FLSA's 40-hour weekly threshold but has special rules for certain industries and a higher salary threshold for exempt status that varies by region (higher in NYC metro). New York also has "spread of hours" rules requiring an extra hour of pay at minimum wage if the workday spans more than 10 hours.
States with No Additional Overtime Laws
Alabama, Arizona, Arkansas, Delaware, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Mississippi, Missouri, Nebraska, New Hampshire, North Carolina, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, and Wyoming default to the FLSA without significant state-level additions. If you work in these states, federal law is your primary protection.
Who Is Really "Non-Exempt"?
This is where employers often misclassify. Having a job title like "manager" or "administrator" doesn't make you exempt. The actual duties test under the FLSA looks at what you do day to day. You must primarily perform exempt duties, exercise independent judgment, and meet the salary threshold. If you spend 60% of your time doing the same work as hourly employees but have a salaried title, you may be misclassified and owed back overtime pay. This is one of the most common wage and hour violations.
Key Takeaway
If you work more than 40 hours per week and don't receive overtime, check your state's rules and the FLSA duties test. Don't assume your employer has classified you correctly. If you suspect misclassification, document your hours, save your job description, and consult a wage and hour attorney — many offer free initial consultations.
What to Do If Your Employer Isn't Paying
Start by documenting everything: dates, hours worked, your regular rate, what you were paid, and what you should have been paid. Then raise the issue internally in writing. If that doesn't resolve it, file a complaint with your state labor agency or the U.S. Department of Labor's Wage and Hour Division. You have the right to back pay for up to two years (three for willful violations), plus liquidated damages in many cases. Retaliation for asserting your FLSA rights is illegal.