Overtime rulesGuide
Which States Have Daily Overtime?
The question: Which states require overtime for hours over a set number in one day, and how does it work with weekly overtime?
Printed from Punch Clock Math · updated October 22, 2026 · sources read October 22, 2026 · general information, not legal or tax advice · punchclockmath.com/guides/states-with-daily-overtime/
Short answer
Five states have daily overtime: Alaska and Nevada after 8 hours, California after 8 (double time after 12), Oregon after 10 in manufacturing-type workplaces, and Colorado after 12. Alaska, Nevada and Oregon apply it only under conditions. Daily and weekly overtime are never paid on the same hour, and the federal 40-hour rule still sets the floor.
Updated Sources read Updates log
Federal law has no daily overtime. Under the Fair Labor Standards Act (FLSA), a 12-hour shift is straight time unless the week passes 40 hours.
Five states count the day as well as the week: Alaska, California, Colorado, Nevada and Oregon. That list comes from the site’s 51-jurisdiction dataset, checked against each state’s own sources on October 22, 2026, and it matches the U.S. Department of Labor’s state summary. Every other state and DC counts only the week.
The five states at a glance
| State | Daily overtime starts after | Rate | Applies only when | Weekly rule |
|---|---|---|---|---|
| Alaska | 8 hours | 1.5× | The employer has 4 or more employees | Over 40 at 1.5× |
| California | 8 hours; 12 hours | 1.5×; 2× over 12 | No condition (an alternative workweek schedule can change it) | Over 40 at 1.5× |
| Colorado | 12 hours | 1.5× | No condition | Over 40 at 1.5× |
| Nevada | 8 hours in a 24-hour workday | 1.5× | Rate under $18.00, no agreed 4×10 schedule, employer sales $250,000 or more a year | Over 40 at 1.5× |
| Oregon | 10 hours | 1.5× | Mills (not sawmills, planing or shingle mills), factories, manufacturing, canneries, driers, packing plants, seafood processors | Over 40 at 1.5× |
California also has a seventh-day rule, covered in the seventh-day guide. The overtime laws by state table has each state’s sources, exemptions and notes.
The conditions that switch daily overtime on or off
A daily rule that does not apply to you drops out completely. The weekly rule still applies. Check these before you count a long day as overtime.
Alaska: employer size. Alaska’s overtime rules do not apply to an employer with fewer than 4 employees in the regular course of business. A voluntary flexible work hour plan, written and approved by the Alaska Department of Labor or included in a collective bargaining agreement, moves the daily line to 10 hours, still with 40 a week.
California: alternative workweek schedules. Through a secret-ballot election under the wage order, employees can adopt regular days of up to 10 hours within a 40-hour week without daily overtime. Hours beyond the scheduled day still have overtime rules, and double time after 12 hours remains.
Colorado: 12 consecutive hours. Colorado pays overtime past 40 hours a week, past 12 hours a day, or past any 12 consecutive hours, whichever pays more. The consecutive-hours count can cross from one workday into the next. The site’s calculator counts each shift on the day it starts and lists this rule rather than computing it.
Nevada: three conditions. Nevada’s daily rule covers an employee paid less than 1.5 times the state minimum wage. The Labor Commissioner’s bulletin effective July 1, 2025 puts that line at $18.00 an hour, so someone paid exactly $18.00 or more gets weekly overtime only. No later bulletin had been posted when this guide was checked. The daily rule also does not apply to a mutually agreed schedule of four 10-hour days. It does not apply at a business with gross sales under $250,000 a year, which is exempt from Nevada’s overtime section. Nevada’s workday is 24 hours from the time work begins, so a shift that starts sooner than 24 hours after the last one began can add daily overtime.
Oregon: type of workplace. Oregon’s 10-hour daily rule covers mills, factories, manufacturing establishments, canneries, driers, packing plants and seafood processors. The U.S. Department of Labor’s state summary excludes sawmills, planing mills, shingle mills and logging camps. Most other Oregon workers have weekly overtime only.
Your employer applies these conditions first. If you disagree, the state labor department decides.
How daily and weekly overtime combine
Two rules keep the math fair to both sides.
- No pyramiding. An hour paid as daily overtime is not counted again toward the 40-hour week. Weekly overtime is counted only on the straight-time hours left after the daily tiers. California’s wage order states this directly.
- Greater of state and federal. The state result and the federal 40-hour result are both computed, and the worker gets whichever pays more. The site’s calculator always does both.
In a long week, daily overtime often changes only the label on the hours, not the total. The site’s standard example week has 48:58 (48.97 hours) of work at $24.50. Under California’s rule, 4:51 (4.85 hours) is daily overtime and 4:07 (4.12 hours) is weekly overtime. Under the federal rule, all 8:58 (8.97 hours) is weekly overtime. Gross pay is $1,309.53 either way. The overtime laws by state guide walks through it day by day.
Daily overtime changes the paycheck when long days fall in a week of 40 hours or fewer.
One long-shift week in all five states
Three 12-hour-30-minute shifts, Monday to Wednesday, 6:45 AM to 7:45 PM with a 30-minute unpaid meal: 12:30 (12.50 hours) a day and 37:30 (37.50 hours) for the week, at $24.50 an hour.
| Rule applied | Daily overtime | Gross pay |
|---|---|---|
| Federal, and every weekly-only state | 0:00 | $918.75 |
| California | 12:00 (12.00 hours) at 1.5× and 1:30 (1.50 hours) at 2× | $1,102.50 |
| Alaska, employer with 4+ employees | 13:30 (13.50 hours) at 1.5× | $1,084.13 |
| Oregon, manufacturing-type workplace | 7:30 (7.50 hours) at 1.5× | $1,010.63 |
| Colorado | 1:30 (1.50 hours) at 1.5× | $937.13 |
| Nevada at $24.50 an hour | 0:00 (rate is not under $18.00) | $918.75 |
| Rule | One shift | Week overtime | Week gross |
|---|---|---|---|
| Federal (and every weekly-only state) | 12:30 straight | no overtime | $918.75 |
| California (over 8 h at 1.5×, over 12 h at 2×) | 8:00 straight, 4:00 at 1.5×, 0:30 at 2× | 12:00 at 1.5× + 1:30 at 2× | $1,102.50 |
| Alaska (employer with 4+ employees) | 8:00 straight, 4:30 at 1.5× | 13:30 at 1.5× | $1,084.13 |
| Oregon (manufacturing-type workplace) | 10:00 straight, 2:30 at 1.5× | 7:30 at 1.5× | $1,010.63 |
| Colorado (over 12 h in a day) | 12:00 straight, 0:30 at 1.5× | 1:30 at 1.5× | $937.13 |
| Nevada (at $24.50 an hour) | 12:30 straight | no overtime | $918.75 |
Same hours, different pay: the week of three shifts grosses $918.75 federally and $1,102.50 in California.
Each bar is one shift (12:30, 6:45 AM to 7:45 PM less a 30-minute meal); the week repeats it on three days, 37:30 in all, at $24.50 an hour. The dashed line is where the state’s daily overtime starts. Amounts are the week’s gross pay.
Bars to scale: to hours; each bar is one : shift.
In California, each day splits into 8:00 straight, 4:00 at time and a half and 0:30 at double time. That is $588.00 straight, $441.00 at 1.5× and $73.50 at 2×. Alaska has no double time, so all 4:30 over 8 hours each day is time and a half. Colorado counts only the 0:30 past 12 hours each day.
The same week at a Nevada rate of $17.00 an hour does meet the rate condition. If the other two conditions are also met, daily overtime is then 13:30 (13.50 hours), and gross pay is $752.25.
Four 10-hour days
A 4×10 schedule, four days of 10:00 (10.00 hours) for 40:00 a week, is where the daily rules part ways most clearly. At $24.50 an hour:
| Rule applied | Daily overtime | Gross pay |
|---|---|---|
| Federal, and every weekly-only state | 0:00 | $980.00 |
| California without an alternative workweek schedule | 8:00 (8.00 hours) | $1,078.00 |
| Alaska, employer with 4+ employees, no flexible plan | 8:00 (8.00 hours) | $1,078.00 |
| Oregon, manufacturing-type workplace | 0:00 (10 hours is not over 10) | $980.00 |
| Colorado | 0:00 | $980.00 |
Nevada at $17.00 an hour shows why the schedule agreement matters. Without a mutually agreed 4×10 schedule, each day has 2:00 over 8 hours: 8:00 (8.00 hours) of daily overtime and $748.00 gross. With the agreement, there is no daily overtime and gross pay is $680.00.
California and Alaska both have ways to run 10-hour days without daily overtime: the alternative workweek election and the approved flexible plan. Each has its own procedure. Whether one is in place is a fact your employer can show you in writing.
If your pay stub shows a long day as straight time, ask which rule your employer applied and why. If the answer doesn’t settle it, the state labor department can look into it: the agency for each state is named in its row of the state table.
Next step
Enter your days and pick your state in the overtime calculator. It asks the condition questions for Alaska, Nevada and Oregon, applies the daily tiers, computes the federal result alongside, and shows the split for each day.
The calculator for this guide
Sources
Each source was read on the date shown. When one changes, this guide and its date change with it.
- 29 CFR 778.102 - Application of overtime provisions generally
- Overtime - Frequently Asked Questions
- Minimum Wage Standard and Overtime Hours
- INFO #1: Key Wage and Hour Rights and Responsibilities in Colorado: the COMPS and PAY CALC Orders
- NRS Chapter 608 - Compensation, Wages and Hours (NRS 608.018)
- Daily Overtime 2025 Annual Bulletin
- State Minimum Wage Laws
- Overtime in manufacturing and canneries