Which states have daily overtime?
Federal law only counts overtime by the week — hours over 40. California, Nevada, Alaska and Colorado also count it by the day, so a long shift can earn overtime even in a 40-hour week. Four 10-hour days plus a short day pays $51.00 more in California than under the federal rule at $17.00 an hour.
The four rules
| State | Daily overtime | Who it covers |
|---|---|---|
| California | 1.5× after 8 hours in a workday or 40 in a workweek; 2× after 12 hours in a workday. The seventh day in a row of work has its own rule: 1.5× for the first 8 hours, 2× after. | Non-exempt employees |
| Nevada | 1.5× after 8 hours in a workday or 40 in a week — the daily rule only if you're paid less than 1½ times the minimum wage. | Paid under $18.00 an hour (1½ × the $12.00 minimum); not on an agreed 4-day, 10-hour schedule |
| Alaska | 1.5× after 8 hours in a day or 40 in a week. | Employers with 4 or more employees |
| Colorado | 1.5× after 12 hours in a workday, 12 hours in a row, or 40 in a workweek. | Most non-exempt employees (COMPS Order) |
Example: a 40-hour week with long days
Hours worked Monday to Friday: 10, 10, 10, 6, 4 — 40 hours in all, at $17.00 an hour.
| Rule | Regular hrs | 1.5× hrs | 2× hrs | Week's pay |
|---|---|---|---|---|
| Federal (weekly only) | 40 | 0 | 0 | $680.00 |
| California | 34 | 6 | 0 | $731.00 |
| Nevada | 34 | 6 | 0 | $731.00 |
| Alaska | 34 | 6 | 0 | $731.00 |
| Colorado | 40 | 0 | 0 | $680.00 |
Under the federal rule nothing is overtime, because the week is exactly 40 hours. Each state with a daily rule of 8 hours pays the 2 hours over 8 on each 10-hour day at time-and-a-half. Colorado's daily limit is 12 hours, so this week has no overtime there.
Example: one 13-hour day
Hours: 13, 8, 8, 8, 8 — 45 hours.
| Rule | Regular hrs | 1.5× hrs | 2× hrs | Week's pay |
|---|---|---|---|---|
| Federal (weekly only) | 40 | 5 | 0 | $807.50 |
| California | 40 | 4 | 1 | $816.00 |
| Nevada | 40 | 5 | 0 | $807.50 |
| Alaska | 40 | 5 | 0 | $807.50 |
| Colorado | 40 | 5 | 0 | $807.50 |
No hour is counted twice: an hour that's already daily overtime doesn't count again toward the weekly 40. California pays double time for the 13th hour.
How the calculators handle it
Add up your overtime hours for the week — daily and weekly, without counting any hour twice — and enter them in the overtime calculator or your state's hourly paycheck calculator. The California, Nevada, Alaska, Colorado hourly calculators work out tax on the result.
For the federal overtime tax deduction, only overtime required by federal law counts — see no tax on overtime.
Sources
- U.S. Department of Labor — Overtime pay — federal: time-and-a-half over 40 hours in a workweek
- California Labor Commissioner — Overtime FAQ — 1.5× over 8 hours a day and 40 a week; 2× over 12 hours a day
- Nevada Revised Statutes chapter 608 — Compensation, wages and hours — daily overtime (608.018), paydays (608.060), final pay (608.020–.040), tips (608.160), pay stubs (608.110)
- Alaska Wage and Hour Act — Pamphlet 100 — no tip credit; daily overtime; paydays and final pay (AS 23.05.140)
- Colorado Department of Labor and Employment — 2026 COMPS Order poster (wage and hour rights) — $15.16 in 2026; tip credit up to $3.02; overtime after 40 a week or 12 a day or consecutive; final pay
Questions
Which states have daily overtime?
California, Nevada, Alaska and Colorado have daily overtime rules for most covered workers, on top of the federal 40-hour weekly rule.
Does Nevada have daily overtime?
Yes, for workers paid under $18.00 an hour (1½ times the minimum wage): hours over 8 in a workday are time-and-a-half, unless you agreed to four 10-hour days.
Is overtime after 8 hours in a day required by federal law?
No. Federal law only requires overtime after 40 hours in a workweek.
Does Colorado have overtime after 8 hours?
No — Colorado's daily limit is 12 hours in a workday or in a row.