Overtime in the United States
Overtime Regulations
The Fair Labor Standards Act (the “Act”), 29 U.S.C. 201 et seq., provides basic rights and wage protections for American workers, including Federal minimum wage and overtime requirements. Most workers covered under the Act must receive overtime pay of at least 1.5 times their regular pay rate for hours worked in excess of 40 hours per week.
However, regulations regarding exemptions from the Act’s overtime requirement, particularly for executive, administrative, and professional employees (often referred to as “white collar” exemptions) have not kept up with our modern economy. Because these regulations are outdated, millions of United States nationals lack the protections of overtime and even the right to the minimum wage.
US State Laws on Work Hours and Overtime Resources
October 2007
| State | Citation | Maximum Hours | Overtime | Breaks/ Meals |
Day of Rest |
| Alabama | Rev.
Stat. Ann. §13A-12-1 |
None | None | None | Sunday |
| Alaska | Rev.
Stat. Ann. §23.10.060 |
8 hours per day, 40 hours per week | 1.5 pay after 40 hours | None | None |
| Arizona | Rev.
Stat. Ann. §23-282 |
Miners: 8 hours per day, 40 hours per week | 1.5 pay after 40 hours | None | None |
| Arkansas | Rev.
Stat. Ann. §11-4-211 |
None | 1.5 pay after 40 hours with exceptions | None | None |
| California | Lab. Code
§551 |
None | 1.5 pay after 40 hours, double for 12+ hours per day | ½ hour meal period after no more than 5 hours, 10 minute rest period for each 4 hours | 1 day of week, employer may designate |
| Colorado | Rev.
Stat. Ann. §8-13-102 |
8 hours per day with exceptions | 1.5 pay after 40 hours | ½ hour meal period after no more than 5 hours, 10 minute rest period for each 4 hours | Sunday for motor vehicle dealers |
| Connecticut | Gen.
Stat. Ann. §31-51 |
9 hours per day, 48 hours per week for manufacturing and mechanical establishments | None | ½ hour meal period after no more than 7.5 hours | Sunday |
| Delaware | Code
Ann. Tit. §707 |
None | None | ½ hour meal period after no more than 7.5 hours | None |
| Florida | Tit. 31
§448.01 |
10 hours per day | None | None | None |
| Georgia | Code
Ann. §34-1-6 |
None | None | Reasonable unpaid break time for employees to breast feed infants | Businesses must make accommodations for Saturday or Sunday |
| Hawaii | None | None | None | None | None |
| Idaho | None | None | 1.5 pay after 40 hours | None | None |
| Illinois | 820 ILCS
145 |
8 hours per day | 1.5 pay after 40 hours | ½ hour meal period after no more than 5 hours | 1 day of week, employer may designate |
| Indiana | None | None | None | None | None |
| Iowa | None | None | None | None | None |
| Kansas | Stat.
Ann. §44-1204 |
258 hours in 28-day period | 1.5 pay after 46 hours per week | None | None |
| Kentucky | Rev.
Stat. Ann. §337.285 |
40 hours per week | 1.5 pay after 40 hours or for seventh day of work in week | 10 minute rest period for each 4 hours, reasonable lunch periods between 3 and 5 hours | None |
| Louisiana | Rev.
Stat. Ann. §51:191 |
None | None | None | Sunday if local ordinance adopted and approved |
| Maine | Rev.
Stat. Ann. Tit. 26 §601 |
40 hours per week | 1.5 pay for after 40 hours, no more than 80 hours in 2-week period | ½ hour meal period after no more than 6 hours | Sunday with exceptions |
| Maryland | Code.
Ann. §3-704 |
40 hours per week | 1.5 pay after 40 hours with exceptions | None | Sunday or day of choice for employee with written notice |
| Massachusetts | Gen.
Laws Ann. Ch. 149 Sec. 48 |
40 hours per week | 1.5 pay after 40 hours with exceptions | None | Sunday with exceptions |
| Michigan | Gen.
Laws Ann. §408.384(a) |
8 hours per day, 80 hours per 14 days | 1.5 pay after 40 hours with exceptions | None | Sunday for barbershops and pawnbrokers |
| Minnesota | Stat.
Ann. §177.254 |
None | 1.5 pay after 48 hours per week | Unspecified meal break for shifts more than 8 hours | None |
| Mississippi | None | None | None | None | None |
| Missouri | Stat.
Ann. §290.010 |
8 hours per day but can be changed with employee consent | 1.5 pay after 40 hours per week | None | Sunday with exceptions |
| Montana | Const.
Art. XII §2 |
8 hours per day with exceptions | 1.5 pay after 40 hours per week | None | None |
| Nebraska | Rev.
Stat. §48-212 |
None | None | 30 minute lunch break during 8 hour shift | None |
| Nevada | Rev.
Stat. §608.019 |
None | 1.5 pay after 40 hours per week or 8 hours per day | ½ hour meal period during 8 hour shift, 10 minute break for each 4 hours | None |
| New Hampshire | Rev.
Stat. Ann. §275:30-a |
None | None | ½ hour meal period for more than 5 hours | 1 day designated by employer |
| New Jersey | Stat.
Ann. §2A:171 |
None | 1.5 pay after 40 hours per week with exceptions | None | Sunday for motor vehicle dealers and other specified businesses |
| New Mexico | Stat.
Ann. §50-4-30 |
16 hours per day, 10 hours per day for males and 8 hours per day for women working in hotels or eating establishments | 1.5 pay after 40 hours per week | None | None |
| New York | Lab.
Law §161 |
None | 1.5 pay after 40 hours per week for specific industries | 30 minutes for noon day meal for shifts more than 6 hours, 20 minute meal period between 5 and 7pm, 60 minute meal period for factory employees | 1 day per week with exceptions |
| North Carolina | Rev.
Stat. §95-25.4(a) |
None | 1.5 pay after 40 hours per week with exceptions | None | None |
| North Dakota | Cent.
Code §34-06 |
None | None | ½ hour meal period for shifts more than 5 hours, 15 minute breaks not required but must be paid if offered by employer | Sunday for specific businesses |
| Ohio | Rev.
Code Ann. §4113.01 |
8 hours per day | 1.5 pay after 40 hours per week except agricultural workers | None | None |
| Oklahoma | Stat.
Ann. Tit. 21 §908 |
None | None | None | Sunday with exemptions |
| Oregon | Rev.
Stat. §652.020 |
10 hours per day in manufacturing establishment, 8 hours in mills | 1.5 pay after 40 hours per week | 10 minutes for every 4 hours, meal period within 5 hours | None |
| Pennsylvania | 34 Code
§231.41 |
None | 1.5 pay after 40 hours per week | None | Sunday with exceptions |
| Rhode Island | Gen.
Laws §28-12-4.1(b) |
None | 1.5 pay after 40 hours per week with exceptions | None | Sunday with exceptions |
| South Carolina | Code
Ann. §53-1 |
None | None | None | Sunday with exceptions |
| South Dakota | Codified
Laws Ann. §60-2-18 |
10 hours per day unless agreement to the contrary | None | None | None |
| Tennessee | Code
Ann. §50-2-103(d) |
None | None | 30 minute unpaid meal or rest for every 6 hours | None |
| Texas | Lab
Code §52.001 |
None | None | None | 1 day per week, employer must accommodate employee’s religious beliefs |
| Utah | Code
Ann. §34-30-8 |
None | 1.5 pay for more than 40 hours per week (applies to work done for state, county or municipal government) | None | None |
| Vermont | Stat.
Ann. Tit. 21 §384(b) |
None | 1.5 pay for more than 40 hours per week with exemptions | None | None |
| Virginia | Code
Ann. §9-1.701 |
None | 1.5 pay for more than 40 hours per week | None | Saturday or Sunday with exceptions |
| Washington | None | None | None | None | None |
| West Virginia | Code
Ann. §61-10-25 |
None | 1.5 pay for more than 40 hours per week with exemptions | None | Sunday with exceptions |
| Wisconsin | Stat.
Ann. §103.02 |
Department of Workforce Development can set hours | Department of Workforce Development can set hours | None | None |
| Wyoming | Stat.
Ann. §27-5-101 |
40 hours per week for state employees and public works projects | None | None | None |
Overtime and extra compensation in relation to Public Officers
Find out in this American legal Encyclopedia the information on Overtime and extra compensation in relation to Public Officers (and in the context of local government law).
Overtime in relation to Public Officers
Overtime in relation to Compensation
In the context of Local and State goverment law and Overtime, find out more detailed information about this topic in this American legal Encyclopedia.
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