Overtime Laws by State – July 2019

Overtime Laws by State – July 2019 *

We want to ensure that we are paying our non-exempt (“hourly”) employees correctly and part of that means overtime. In most states, overtime is required for any hours that are worked over 40 in one week, except for in:

State Overtime (OT) Rule Special Notes

Alaska

OT required for 8+ hours in a day OR 40 hours in a week. California OT required for 8+ hours in a day OR 40 hours in a week.

Colorado

Nevada 7th day: 1st 8 hours at 1.5, then double time.

OT required for 12 hours per workday OR 12 consecutive hours without regard to the starting and ending time of the workday OR 40 hours in one week. OT required for 8+ in a day OR 40 in a week. Voluntary flexible work plan must officially be in place to be exempt from these OT rules. Double time to be paid for any hours worked over 12 in one day.

Official Alternative Workweek must be on file with the DLSE to be exempt from these OT rules.

If your state is not referred to above, that means that your state only requires that you pay overtime if an employee has worked more than 40 hours in one week. Overtime is payable at 1.5 times an employee’s regularly hourly rate. For example, if someone makes $10.00 per hour, their overtime rate would be $15.00 per hour.

Special Note: While our pay periods are bi-weekly and cover 80 hours in a pay period, you must pay overtime based on what an employee works in one week – not per pay period. Here are some helpful examples (assuming your location is not in a state listed above).

Employee # 1 – Works 35 hours in 1st week and 45 hours in 2nd week of the pay period for a total of 80 hours for both weeks. The employee would be paid for 75 hours at the regular rate and 5 hours at their overtime rate.

Employee # 2 – Works 42 hours in the 1st week and 45 hours in the 2nd week of the pay period for a total of 87 hours for both weeks. They would be paid 80 hours at the regular rate and 7 hours at their overtime rate.

Please remember, the FLSA doesn’t require premium pay for daily overtime or premium pay when an employee works on Saturday, Sunday, or a holiday. However, if your Handbook states that team members receive premium pay for those situations, you would want to follow your past precedent and/or your Handbook.

*While we do our very best to keep you updated about new employment laws and changes to the minimum wage and overtime laws, it’s always a good idea to stay abreast of these laws in your state. We appreciate your diligence in ensuring that our employees are paid correctly.