Mandatory Overtime: What You Need to Know About the Laws in Each State

April 23, 2019 - minute read

Mandatory Overtime LawsEvery state has certain laws regarding mandatory overtime. It’s important to understand what the overtime laws in your state are to help you avoid issues with payroll and remain consistently compliant in your management practices. But first, let’s understand the basics on overtime.

What is Mandatory or Forced Overtime?

Mandatory overtime, often referred to as forced overtime, is defined as any hours above the standard work week of 40 hours (in the US) that the employer makes compulsory.

Federal Mandatory Overtime Laws

In general, federal mandatory overtime laws follow guidelines set by the Fair Labor Standards Act (FLSA). The FLSA establishes the primary regulations for overtime pay affecting employees working in the private sector, in Federal, State and local governments. The FLSA outlines the following about overtime:

  • Non-exempt employees must receive overtime pay for hours worked over the 40-hour workweek
  • Pay for overtime must be no less than 1.5 times the regular rate of pay
  • There are no limits to number of hours employees 16 and older can work during a workweek
  • Overtime pay is not required on weekends or holidays unless overtime is worked on those days

Frequently Asked Questions About Overtime

Can an Employer Force Employees to Work Overtime?

Current U.S. federal laws dictate how employers can require employees to work overtime. Generally speaking, employers can require 100 hours or more of overtime without committing any violation of federal law.

How Much Overtime Can an Employer Require?

The FLSA, which establishes the 40-hour workweek, currently does not have a maximum limit on the number of hours employers can require employees to work.

Can an Employee Refuse Overtime at Work?

In some states, employers can penalize employees who refuse to work despite a lack of threat to their safety and health, as long as they receive one and a half times their regular pay for every hour exceeding their work week, as per the FLSA.

Can an Employee Be Fired for Refusing to Work Overtime?

In short, yes. Employers may penalize employees who refuse to work required overtime. The extent can vary by employer. However, there are no federal guidelines for this. In some cases, employees may be subject to discipline, reassignment, demotion or even discharge.

Can an Employer Make Employees Work Overtime Without Notice?

Employers can require non-exempt employees to work beyond their 40-hour workweek hours without any notice. This can include requiring employees to work another shift without any notice.

Mandatory Overtime Per State

A majority of state laws are similar to federal laws in that they don’t put a restriction on the number of hours of overtime employers can add to employee schedules. On the other hand, certain states have laws in place requiring periodic meal and rest breaks after employees have worked for a set number of consecutive hours.

Here’s a breakdown of how overtime laws work in all 50 states:

Alabama Alaska Arizona Arkansas
California Colorado Connecticut Delaware
District of Columbia Florida Georgia Hawaii
Idaho Illinois Indiana Iowa
Kansas Kentucky Louisiana Maine
Maryland Massachusetts Michigan Minnesota
Mississippi Missouri Montana Nebraska
Nevada New Hampshire New Jersey New Mexico
New York North Carolina North Dakota Ohio
Oklahoma Oregon Pennsylvania Rhode Island
South Carolina South Dakota Tennessee Texas
Utah Vermont Virginia Washington
West Virginia Wisconsin Wyoming  

Alabama Overtime Laws

Alabama’s overtime laws follow the federal FLSA, which means employers are required to pay at least time and a half as “premium pay” for hours in excess of the traditional 40 per week. For more details about Alabama mandatory overtime laws, visit FindLaw.

Alaska Overtime Laws

Manufacturing or commerce employers with more than four employees on staff can provide overtime pay. For additional information about Alaska mandatory overtime laws, visit the Alaska Division of Labor Standards and Safety site.

Arizona Overtime Laws

Federal laws apply to Arizona mandatory overtime, along with cost-of-living adjustment. You can find out more information about Arizona overtime laws over at FindLaw.

Arkansas Overtime Laws

Arkansas labor laws for mandatory overtime state that overtime is applicable to employers with 4 or more employees who make at least a minimum wage of $9.25/hr. Employers are required to pay time and a half to these employees who work in excess of 40 hours in a work week. Learn more about Arkansas mandatory overtime laws at the Arkansas Department of Labor site.

California Overtime Laws

California mandatory overtime laws also require nonexempt employees to receive pay of time and a half if they exceed 40 hours in a workweek, but employees can also earn double time after working over 12 hours in a single day or working over 8 hours on the seventh day of the workweek. You can check out the California Department of Industrial Relations site for more information.

Colorado Overtime Laws

According to Colorado mandatory overtime laws, cost-of-living adjustment applies to minimum wage, which only applies to the food and beverage, retail, health, and service industries. For more details about Colorado overtime laws, visit the Colorado Department of Labor and Employment site.

Connecticut Overtime Laws

Connecticut mandatory overtime laws require overtime pay of time and a half, and if the federal minimum wage matches or exceeds the state’s, Connecticut’s minimum wage will increase by .5% above the new federal minimum wage. For more details about Connecticut overtime laws, visit the Connecticut Department of Labor site.

Delaware Overtime Laws

Delaware overtime laws also adhere to federal laws, but the state’s minimum wage will increase to match any increase of federal wage. To learn more about Delaware mandatory overtime laws, visit FindLaw.

District of Columbia Overtime Laws

The FLSA applies to D.C. overtime laws, but if the federal minimum wage exceeds the state’s, the state minimum wage is required to increase by $1. For more information about District of Columbia overtime laws, visit the Office of the Attorney General’s website.

Florida Overtime Laws

Minimum wage is increased on an annual basis in Florida, based on adjustment for cost of living. Federal overtime laws apply in this state when it comes to Florida labor laws and mandatory overtime.

Georgia Overtime Laws

Federal laws apply to Georgia overtime laws, and federal minimum wage is required if the state’s wage is less than the federal minimum. FindLaw can provide more details about Georgia mandatory overtime laws.

Hawaii Overtime Laws

In accordance with Hawaii overtime laws, employees guaranteed at least $2,000 a month are exempt from the state’s overtime and minimum wage laws. Employers who are covered by the FLSA are also exempt as long as the state’s minimum wage is lower than the federal minimum. Employees in the seasonal agricultural, sugarcane and dairy industries can receive overtime if they have worked over 48 hours in a workweek. Visit the Wage Standards Division site for more information about Hawaii mandatory overtime laws.

Idaho Overtime Laws

As with other states, Idaho overtime laws adhere to the FLSA. If you would like to learn more about Idaho mandatory overtime laws, visit the FindLaw page.

Illinois Overtime Laws

Mandatory overtime is available for employers if they have four or more employees. Learn more about Illinois mandatory overtime laws by visiting the Illinois Department of Labor site.

Indiana Overtime Laws

Indiana is yet another state that adheres to the FLSA, requiring employers to pay employees one and a half pay if they work over 40 hours a week. Learn more about Indiana mandatory overtime laws by visiting the Indiana Department of Labor site.

Iowa Overtime Laws

The FLSA also applies to Iowa overtime laws. The state’s minimum wage will increase to match the federal wage. Learn more about Iowa mandatory overtime laws by visiting the Iowa government site.

Kansas Overtime Laws

Employers covered by FLSA are exempt from state law, but overtime is typically required after employees work 46 hours in a workweek. Visit the Kansas Department of Labor site for more information about Kansas overtime laws.

Kentucky Overtime Laws

Kentucky overtime laws are also in line with the FLSA. Visit the Labor Cabinet website for more information about Kentucky mandatory overtime laws.

Louisiana Overtime Laws

Federal overtime and wage rules apply to Louisiana overtime laws. You can get additional information about Louisiana’s mandatory overtime laws at the State Civil Service site.

Maine Overtime Laws

FLSA rules apply for Maine overtime laws, and an automatic increase of $1 is applied to the state minimum wage if the federal wage is higher. You can learn more about Maine mandatory overtime laws at the Maine Department of Labor site.

Maryland Overtime Laws

While FLSA applies to Maryland overtime laws, if the federal minimum wage increases, the state’s wage will increase to match it. Bowling alley employees and non-hospital workers who care for the ill, mentally disabled, or elderly will receive overtime pay after 48 hours. Seasonal agricultural workers can receive overtime after working over 60 hours in a workweek. Get more information about Maryland mandatory overtime laws at the Department of Labor, Licensing & Regulation site.

Massachusetts Overtime Laws

When it comes to wage, Massachusetts overtime and wage laws state that an automatic 10 cent increase is applied to the state minimum wage if the federal wage either matches or exceeds the rate. Some employees are also able to earn time and a half for working on Sundays. Learn more about Massachusetts mandatory overtime at Mass.gov.

Michigan Overtime Laws

Michigan overtime laws dictate that overtime is applicable to employers with two or more employees on staff. For more information about Michigan mandatory overtime laws, visit the Department of Licensing and Regulatory Affairs site.

Minnesota Overtime Laws

Minnesota overtime laws allow employees to make overtime pay if they work for more than 48 hours in a workweek. Learn more about Minnesota mandatory overtime at the Department of Labor and Industry site.

Mississippi Overtime Laws

FLSA wage and overtime rules apply to Mississippi. You can find out more about Mississippi overtime laws at Minimum-Wage.org.

Missouri Overtime Laws

According to Missouri overtime laws, employees working for seasonal recreation businesses can receive overtime pay following 52 hours of work in a single workweek, in addition to FLSA rules. Learn more about Missouri mandatory overtime rules at the Department of Labor and Industrial Relations site.

Montana Overtime Laws

FLSA rules apply to Montana overtime, but employees working for seasonal recreation businesses will only be able to receive overtime after working for 48 hours. You can learn more about this by visiting the Department of Labor and Industry site.

Nebraska Overtime Laws

Overtime in Nebraska applies to employers with four or more employees. Otherwise, FLSA rules apply. Learn more when you visit the Nebraska Department of Labor site.

Nevada Overtime Laws

FLSA rules apply to Nevada mandatory overtime laws. Learn more about Nevada overtime laws at Minimum-Wage.org.

New Hampshire Overtime Laws

New Hampshire overtime laws adhere to FLSA rules. Visit the Department of Labor site for additional information about New Hampshire mandatory overtime and wage laws.

New Jersey Overtime Laws

Typical FLSA rules apply to New Jersey overtime laws as well. You can learn more about New Jersey overtime laws at the Department of Labor and Workforce Development site.

New Mexico Overtime Laws

The FLSA is behind the New Mexico overtime laws. You can learn more about New Mexico overtime over at Minimum-Wage.org.

New York Overtime Laws

In New York, residential employees can earn overtime pay following 44 hours of work in a workweek. You can find out more about New York mandatory overtime laws at the Department of Labor site.

North Carolina Overtime Laws

Employees who work for seasonal recreation businesses can receive overtime pay following 45 hours of work in a week. Learn more about North Carolina mandatory overtime laws at the N.C. Department of Labor site.

North Dakota Overtime Laws

FLSA rules apply to North Dakota overtime, for the most part, but cab drivers can get overtime after working for more than 50 hours in a single workweek. Learn more about North Dakota overtime laws at the Office of Management and Budget site.

Ohio Overtime Laws

Mandatory overtime laws in Ohio dictate that employees grossing at least $150,000 a year will be able to receive time and a half for hours over 40. Visit this Ohio government site to learn more about mandatory overtime in Ohio.

Oklahoma Overtime Laws

Individuals who make minimum wage can receive overtime pay following working 40 hours in a week, and the minimum wage is based on the current federal wage, which applies to employers with 10 or more employees or who make over $100,000 in annual gross sales. Find out more about Oklahoma overtime laws at Minimum-Wage.org.

Oregon Overtime Laws

The minimum wage can adjust for inflation each year and, for certain industries, employees can receive overtime pay after 10 hours of work. Learn more about Oregon mandatory overtime laws by visiting Oregon.gov.

Pennsylvania Overtime Laws

According to mandatory overtime laws in Pennsylvania, employees are entitled to at least minimum wage and overtime pay of time and a half for any and all hours worked over 40 per week. However, overtime pay is not required for employees “engaged in a bonafide executive, administrative, or professional capacity” who receive a salary rather than an hourly wage. Visit the Department of Labor & Industry website to learn more about mandatory overtime laws in Pennsylvania.

Rhode Island Overtime Laws

While FLSA rules apply to Rhode Island overtime laws, certain businesses are also required to provide overtime pay for hours worked on Sunday and on certain specified holidays. Learn more about Rhode Island overtime laws over at the RI Department of Labor and Training site.

South Carolina Overtime Laws

FLSA rules are in line with South Carolina overtime laws. You can find out more about South Carolina mandatory overtime laws over at the South Carolina Department of Administration site.

South Dakota Overtime Laws

South Dakota overtime laws adhere to the FLSA rules. Learn more about South Dakota mandatory overtime by visiting the Dept. of Labor & Regulation site.

Tennessee Overtime Laws

FLSA rules govern Tennessee overtime and wage laws. Visit Minimum-Wage.org for additional information about Tennessee mandatory overtime laws.

Texas Overtime Laws

Federal wage and overtime laws also apply to Texas overtime laws and minimum wage. You can learn more about Texas mandatory overtime laws at the Texas Payroll and Personnel Resource site.

Utah Overtime Laws

Federal laws apply to Utah overtime laws and minimum wage. You can find out more about Utah mandatory overtime laws when you visit the Utah Labor Commission site.

Vermont Overtime Laws

Overtime in Vermont is applicable to employers with at least two employees. For more details about Vermont overtime laws, visit the Vermont Department of Labor site.

Virginia Overtime Laws

Virginia overtime laws apply to employers with four or more employees but are otherwise adherent to FLSA rules. For more information about Virginia overtime laws, visit Minimum-Wage.org.

Washington Overtime Laws

Typically, FLSA rules apply to Washington overtime laws, but minimum wage will vary depending on inflation. To learn more about Washington mandatory overtime laws, visit the Washington State Department of Labor & Industries site.

West Virginia Overtime Laws

Overtime is applicable to employers with six or more employees working in a single organization. You can learn more by checking out the West Virginia Division of Labor State Overtime Requirements.

Wisconsin Overtime Laws

FLSA overtime rules apply to Wisconsin overtime laws when it comes to manufacturing, mechanical, beauty, retail, hotel, laundry, restaurant, express, phone, transportation, and shipping employees. Learn more at the Department of Workforce Development site.

Wyoming Overtime Laws

FLSA overtime rules dictate Wyoming overtime laws. You can learn more about Wyoming mandatory overtime laws and wage at Minimum-Wage.org.

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