Failing to pay eligible employees overtime is a wage violation that lands a number of employers in hot water each year. But if you thought federal overtime laws were the end of it, you’re in for a surprise. There are also overtime laws by state you may need to follow.
Should you follow federal or state law? What are the overtime regulations by state? Read on for the scoop.
What is the federal overtime law?
The Fair Labor Standards Act (FLSA) requires most employers to give nonexempt employees overtime pay when they work extra hours.
Overtime wagesare 1.5 times an employee’s regular pay rate for each hour worked over 40 in a workweek. Under federal law, you must give overtime pay to your employees unless they have exempt status.
Employees are only exempt from overtime pay if they meet all three of the following requirements:
- Earning Level:该员工每年至少收入35,568美元（每周684美元）
- Salaried:The employee is paid on a salary basis
- Job Duties:The employee has job duties that are considered exempt (e.g., executive, administrative, or professional)
加班规则按州与联邦加班法
尽管大多数雇主受FLSA的约束，但有一些罕见的例外。以下是《公平劳工标准法》涵盖的：
- Businesses with $500,000 or more in gross annual sales
- Health- or education-oriented businesses
- Businesses formed as an activity of the government
- Enterprises engaged in interstate commerce in any way
Even if you don’t meet any of the first three FLSA provisions, you likely fall under the fourth:从事州际贸易的企业。This covers businesses that make phone calls to other states or handle products that are moving between states. For example, if you receive products from out-of-state or produce products heading out-of-state, you’re probably subject to the FLSA.
Some state laws cover employees who aren’t covered under federal law. And, some state laws are stricter, triggering overtime pay if an employee works beyond a certain number of hours in aday.
So, which do you follow? Federal or state law? That answer depends on which law benefits your employees more. Always follow the law that is most beneficial to the employee, not the one most beneficial to your business’s budget.
Overtime pay laws by state: Map
The vast majority of states configure overtime pay using a workweek. However, some require overtime pay for hours worked beyond a certain number in a workday.
Use our map to determine which states set strict overtime laws for workdays:
国家的加班法律
State laws can get intricate. And, not all states have a state-mandated overtime pay law—many states follow the federal law.
Take a look at a brief description of each state’s overtime rules (or lack thereof).
Alabama
Alabamadoes not have a state law for overtime pay. Instead, follow federal overtime rules.
Alaska
Alaskahas a state overtime law.
根据阿拉斯加的州法律，如果不符合以下要求之一，则非雇员将获得加班费：
- Work more than 40 hours in a workweek
- Work more than eight hours in a day
However, the state law does not apply to employers who typically employ fewer than four employees. And, there are a number of other exemptions, such as agricultural employees.
Arizona
Arizonadoes not specify a state overtime pay. Follow federal overtime rules.
Arkansas
Arkansas遵循联邦加班法。
California
Californiahas a state overtime law.
California’s overtime law requires employers to provide overtime to nonexempt employees for any time worked beyond:
- 40 hours in workweek
- Eight hours in a workday
- Six days in a workweek
此外，加利福尼亚州有双重法律。雇主必须在工作以外的任何时间内给雇员的定期薪水加倍：
- 12 hours on a workday
- 在工作周连续第七天工作八个小时
Colorado
Coloradohas a state overtime law.
Colorado’s overtime law requires employers to provide overtime to nonexempt employees for any time worked beyond:
- 工作周40小时
- 12 hours in a workday
- 12 consecutive hours without regard to the starting and ending time of the workday
Connecticut
Connecticutfollows the federal overtime rules that require overtime pay for over 40 hours worked in a workweek.
Delaware
Delawaredoes not specify a state overtime pay. Follow federal overtime rules.
D.C.
Washington D.C.’sovertime law follows federal requirements.
Florida
Floridadoes not specify a state overtime pay. Follow the federal overtime law.
Georgia
Georgiafollows federal overtime rules.
Hawaii
Hawaiifollows federal overtime rules.
Idaho
Idahofollows federal overtime rules.
Illinois
Illinoisfollows federal overtime rules.
印第安纳州
印第安纳州’sstate overtime law aligns with the federal law.
Iowa
Iowadoes not specify a state overtime pay. Follow the federal overtime law.
Kansas
Kansas法律要求雇主在工作周中为员工提供加班费以上的时间超过46小时。由于FLSA需要加班费数小时以上的时间超过40个小时，因此请遵循联邦法律。
但是，如果您不受FLSA的覆盖，则必须遵循堪萨斯州对非雇员的加班规则。
Kentucky
Kentuckyfollows federal overtime rules.
Louisiana
Louisiana未指定状态加班策略。遵循联邦加班规则。
缅因州
缅因州follows the FLSA.
Maryland
Marylandfollows the same overtime rules as federal law. However, some occupations in Maryland calculate overtime using a different period of time than a 7-day workweek.
Massachusetts
The state overtime law inMassachusetts遵循联邦加班法律。
Michigan
Michiganovertime laws are the same as federal regarding the number of hours worked. However, Michigan’s overtime law applies to employers with two or more employees.
Again, between federal and state law, you must follow the one that’s most beneficial to your employees.
Minnesota
明尼苏达州state overtime law requires overtime pay for hours worked beyond 48 in a workweek. Because the federal law is 40 hours, follow the FLSA if you’re covered under it. If the FLSA doesn’t apply to you, follow Minnesota’s overtime law.
Mississippi
Mississippi未指定状态加班策略。Follow federal overtime laws.
Missouri
Missouri遵循联邦加班法。
Montana
Montanafollows federal overtime rules.
Nebraska
Nebraskafollows federal overtime rules.
Nevada
Nevadahas an overtime law employers must follow. Nevada’s state overtime law requires that employers pay employees the overtime rate for any hours worked beyond:
- 40 in a workweek
- Eight hours in a 24-hour period if the employee makes less than one and one-half times the minimum wage per hour (unless the employee agreed to work four, 10-hour shifts)
新罕布什尔
新罕布什尔雇主必须遵循FLSA。
New Jersey
New Jersey’sstate overtime law aligns with federal rules.
New Mexico
New Mexico未指定状态加班策略。Follow federal overtime laws.
New York
New York has a state overtime law that lines up with the FLSA’s requirement of offering employees overtime pay for hours worked beyond 40 in a workweek.
但是，纽约法律还有其他要求。州法律可能涵盖了FLSA规定的加班费的员工。
纽约州法律加班需要关爱rtime pay at a rate of 1.5 times the state minimum wage for hours worked beyond 40 for these FLSA-exempt individuals.
您可以了解有关纽约的加时法的更多信息state website.
North Carolina
North Carolina’s Wage and Hour Act符合《公平劳动标准法案》的规定和要求加班费nonexempt employees who work beyond 40 in a workweek.
North Dakota
North Dakota遵循联邦加班法。
Ohio
Ohio未指定状态加班策略。Follow federal overtime laws.
Oklahoma
Oklahoma未指定状态加班策略。Follow federal overtime laws.
俄勒冈州
Like federal law,俄勒冈州’s state overtime lawrequirestime and a halffor hours worked beyond 40 in a workweek.
Pennsylvania
Pennsylvania’sstate law aligns with the federal law by requiring overtime pay to nonexempt employees who work beyond 40 hours in a workweek.
但是，州法律可以涵盖FLSA规定的加班工人，例如某些与计算机相关职业的员工。
罗德岛
罗德岛未指定状态加班策略。遵循联邦加班规则。
South Carolina
South Carolina未指定状态加班策略。遵循联邦加班规则。
South Dakota
South Dakotadoes not have a state overtime law. Follow the FLSA.
田纳西州
田纳西州does not specify a state overtime policy, so follow the FLSA.
Texas
Texas’sstate overtime law aligns with federal overtime rules.
Utah
Utah未指定状态加班策略。Follow the Fair Labor Standards Act.
Vermont
佛蒙特州的加时赛法律requires overtime pay for employers with two or more employees. However, there are some exceptions to Vermont’s law.
Again, use whichever law (federal or state) is more beneficial to your employees.
Virginia
As of July 1, 2021, the Virginia Overtime Wage Act (VOWA) is in effect. So, how doesVirginia’s state overtime law与FLSA不同吗？
该法律扩大了覆盖员工的定义，使用不同的常规工资计算率，将限制的法规扩展到三年，并可能对未能加班的雇主造成更严重的损害。
Washington
Washington’s州法律与联邦加时赛规则保持一致，因为员工在工作40个小时以上时符合条件。但是，所有雇主均受州的加班法律约束。
Washington law may require double-time pay for “certain public works projects.” And, employers cannot mandate overtime work to registered or licensed practical nurses.
West Virginia
Most employers in West Virginia are subject to the Fair Labor Standards Act.
However, employers must followWest Virginia’s state overtime lawif all three of the following are met:
- The business does not qualify for federal “enterprise” coverage
- Eighty percent of the company’s employees do not qualify individually for federal overtime coverage based on work duties considered as interstate commerce activity
- The business has the required six nonexempt employees working in a permanent business location
West Virginia’s state overtime law requires overtime wages to nonexempt employees for any hours worked beyond 40.
Wisconsin
Wisconsin’sstate overtime law applies to most employers. Like federal overtime rules, Wisconsin’s state law requires employers to pay nonexempt employees overtime pay for any hours worked beyond 40 in a workweek.
Wyoming
Wyoming执行联邦加班法。
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This is not intended as legal advice; for more information, please点击这里。