Overtime and Break Laws in United States (2026)
Fair Labor Standards Act (FLSA), plus state law · Reviewed 2026-09 · Private-sector employees
Overtime
1.5x after 40 hours in the workweek. No federal daily overtime. A few states add daily overtime on top.
Breaks and lunch
No federal break requirement. Breaks of 5 to 20 minutes, if given, are paid. A meal of 30 minutes or more, fully relieved of duty, can be unpaid.
The rules differ by state
In United States, most employers follow the rules of the state where the work is done. The figures above are the national rules; pick yours below.
Alabama
No overtime law of its own, so the federal rule applies: 1.5x after 40 hours in the workweek, and no daily overtime.
Alaska
1.5x after 8 hours in a day or 40 in the week, at employers with 4 or more employees.
Arizona
No overtime law of its own, so the federal rule applies: 1.5x after 40 hours in the workweek, and no daily overtime.
Arkansas
No overtime law of its own, so the federal rule applies: 1.5x after 40 hours in the workweek, and no daily overtime.
California
1.5x after 8 hours in a day or 40 in the week, 2x after 12 in a day; the seventh consecutive day is 1.5x, and 2x past 8 hours.
Colorado
1.5x after 12 hours in a day (or 12 consecutive hours) or 40 in the week, whichever is more.
Connecticut
No overtime law of its own, so the federal rule applies: 1.5x after 40 hours in the workweek, and no daily overtime.
Delaware
No overtime law of its own, so the federal rule applies: 1.5x after 40 hours in the workweek, and no daily overtime.
District of Columbia
No overtime law of its own, so the federal rule applies: 1.5x after 40 hours in the workweek, and no daily overtime.
Florida
No overtime law of its own, so the federal rule applies: 1.5x after 40 hours in the workweek, and no daily overtime.
Georgia
No overtime law of its own, so the federal rule applies: 1.5x after 40 hours in the workweek, and no daily overtime.
Hawaii
No overtime law of its own, so the federal rule applies: 1.5x after 40 hours in the workweek, and no daily overtime.
Idaho
No overtime law of its own, so the federal rule applies: 1.5x after 40 hours in the workweek, and no daily overtime.
Illinois
No overtime law of its own, so the federal rule applies: 1.5x after 40 hours in the workweek, and no daily overtime.
Indiana
No overtime law of its own, so the federal rule applies: 1.5x after 40 hours in the workweek, and no daily overtime.
Iowa
No overtime law of its own, so the federal rule applies: 1.5x after 40 hours in the workweek, and no daily overtime.
Kansas
Federal rule for nearly every employer. The state's own threshold of 46 hours only reaches employers the FLSA does not cover.
Kentucky
1.5x after 40 in the week, and 1.5x for all hours on the seventh day when someone works all seven days of the workweek.
Louisiana
No overtime law of its own, so the federal rule applies: 1.5x after 40 hours in the workweek, and no daily overtime.
Maine
No overtime law of its own, so the federal rule applies: 1.5x after 40 hours in the workweek, and no daily overtime.
Maryland
No overtime law of its own, so the federal rule applies: 1.5x after 40 hours in the workweek, and no daily overtime.
Massachusetts
No overtime law of its own, so the federal rule applies: 1.5x after 40 hours in the workweek, and no daily overtime.
Michigan
No overtime law of its own, so the federal rule applies: 1.5x after 40 hours in the workweek, and no daily overtime.
Minnesota
Federal rule for nearly every employer. The state's own threshold of 48 hours only reaches employers the FLSA does not cover.
Mississippi
No overtime law of its own, so the federal rule applies: 1.5x after 40 hours in the workweek, and no daily overtime.
Missouri
No overtime law of its own, so the federal rule applies: 1.5x after 40 hours in the workweek, and no daily overtime.
Montana
No overtime law of its own, so the federal rule applies: 1.5x after 40 hours in the workweek, and no daily overtime.
Nebraska
No overtime law of its own, so the federal rule applies: 1.5x after 40 hours in the workweek, and no daily overtime.
Nevada
1.5x after 40 in the week, and after 8 hours in a day for people paid under 1.5 times the minimum wage. Applied to everyone here; turn the daily rule off in company rules if nobody qualifies.
New Hampshire
No overtime law of its own, so the federal rule applies: 1.5x after 40 hours in the workweek, and no daily overtime.
New Jersey
No overtime law of its own, so the federal rule applies: 1.5x after 40 hours in the workweek, and no daily overtime.
New Mexico
No overtime law of its own, so the federal rule applies: 1.5x after 40 hours in the workweek, and no daily overtime.
New York
No overtime law of its own, so the federal rule applies: 1.5x after 40 hours in the workweek, and no daily overtime.
North Carolina
No overtime law of its own, so the federal rule applies: 1.5x after 40 hours in the workweek, and no daily overtime.
North Dakota
No overtime law of its own, so the federal rule applies: 1.5x after 40 hours in the workweek, and no daily overtime.
Ohio
No overtime law of its own, so the federal rule applies: 1.5x after 40 hours in the workweek, and no daily overtime.
Oklahoma
No overtime law of its own, so the federal rule applies: 1.5x after 40 hours in the workweek, and no daily overtime.
Oregon
Federal rule, plus 1.5x after 10 hours in a day in manufacturing, mills and canneries, which is not applied here.
Pennsylvania
No overtime law of its own, so the federal rule applies: 1.5x after 40 hours in the workweek, and no daily overtime.
Rhode Island
No overtime law of its own, so the federal rule applies: 1.5x after 40 hours in the workweek, and no daily overtime.
South Carolina
No overtime law of its own, so the federal rule applies: 1.5x after 40 hours in the workweek, and no daily overtime.
South Dakota
No overtime law of its own, so the federal rule applies: 1.5x after 40 hours in the workweek, and no daily overtime.
Tennessee
No overtime law of its own, so the federal rule applies: 1.5x after 40 hours in the workweek, and no daily overtime.
Texas
No overtime law of its own, so the federal rule applies: 1.5x after 40 hours in the workweek, and no daily overtime.
Utah
No overtime law of its own, so the federal rule applies: 1.5x after 40 hours in the workweek, and no daily overtime.
Vermont
No overtime law of its own, so the federal rule applies: 1.5x after 40 hours in the workweek, and no daily overtime.
Virginia
No overtime law of its own, so the federal rule applies: 1.5x after 40 hours in the workweek, and no daily overtime.
Washington
No overtime law of its own, so the federal rule applies: 1.5x after 40 hours in the workweek, and no daily overtime.
West Virginia
No overtime law of its own, so the federal rule applies: 1.5x after 40 hours in the workweek, and no daily overtime.
Wisconsin
No overtime law of its own, so the federal rule applies: 1.5x after 40 hours in the workweek, and no daily overtime.
Wyoming
No overtime law of its own, so the federal rule applies: 1.5x after 40 hours in the workweek, and no daily overtime.
Overtime in United States
- 1.5x pay for hours past 40 in a week.
- Overtime is counted per fixed 7-day workweek. Two weeks cannot be averaged, even on a biweekly payroll.
- The one exception is the 8 and 80 system for hospitals and residential care: 1.5x after 8 hours in a day and 80 in a 14-day period, agreed in advance with each employee.
- Exempt salaried employees (executive, administrative, professional) are not owed overtime.
- Where a state law pays more, the state law applies.
Averaging over a pay period: Not allowed, except the 8 and 80 system for hospitals and residential care facilities.
What two weeks of work come to
Worked out by the rule above (1.5x after 40h in a week). Hours.
| Two weeks of | Regular | Overtime (1.5x) |
|---|---|---|
| 5 days of 8 hours, two weeks (80h) | 80 | 0 |
| 5 days of 10 hours, two weeks (100h) | 80 | 20 |
| 6 days of 9 hours, two weeks (108h) | 80 | 28 |
| 50 hours, then 30 hours (80h) | 70 | 10 |
Breaks and lunch in United States
The law does not set a break of a fixed length for adult employees here.
- About 20 states require meal breaks and a handful require paid rest breaks.
- Nursing mothers get reasonable break time to express milk (PUMP Act).
Pay by United States rules in Kloqk
Kloqk is a free time clock. In Settings, open Payroll, press Rules by country and pick United States: the overtime and break rules above fill in, and every timesheet, report and payroll export follows them. Change any number to match your own contract.
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Frequently asked questions
What is the overtime rule in United States?
1.5x after 40 hours in the workweek. No federal daily overtime. A few states add daily overtime on top.
Can overtime be averaged over two weeks or a pay period in United States?
Not allowed, except the 8 and 80 system for hospitals and residential care facilities.
What breaks are required in United States?
No federal break requirement. Breaks of 5 to 20 minutes, if given, are paid. A meal of 30 minutes or more, fully relieved of duty, can be unpaid.