Daily Overtime Calculator: Which States Pay Overtime After 8 Hours in a Day?

The Short Answer

Under federal law (the FLSA), overtime only kicks in after 40 hours in a workweek — working a 10-hour day means nothing by itself. But a handful of states add daily overtime rules that pay time-and-a-half after 8 hours in a single day, and some pay double time after 12. If you work long shifts in one of these states, you may be owed overtime even in a week under 40 hours.

States With Daily Overtime Rules in 2026

• California: 1.5× after 8 hours in a day, 2× after 12 hours in a day, and 2× after 8 hours on the 7th consecutive workday in a workweek.
• Alaska: 1.5× after 8 hours in a day (employers with 4+ employees).
• Nevada: 1.5× after 8 hours in a 24-hour period — but only if your regular rate is less than 1.5× the state minimum wage. Higher-paid workers follow the 40-hour weekly rule.
• Colorado: 1.5× after 12 hours in a day (or 12 consecutive hours), whichever is more favorable alongside the 40-hour week.
• Oregon: daily overtime only for workers in manufacturing mills, factories and plants — 1.5× after 10 hours (8 hours in timber/sawmill work).

Every other state follows the federal 40-hour weekly rule only.

A Worked Example (California)

You earn $22/hour and work four 10-hour shifts, then take the rest of the week off — 40 total hours. Under federal rules: no overtime, pay = 40 × $22 = $880.

Under California's daily rule, each 10-hour day includes 2 daily overtime hours:

• Straight time: 32 hours × $22 = $704
• Daily overtime: 8 hours × $33 (1.5 × $22) = $264
• Total: $968 — $88 more than the federal calculation, in a week that never exceeded 40 hours.

Daily and Weekly Overtime: You Don't Get Both

When both rules could apply, you get whichever is more favorable — never stacked. California is explicit: hours already paid as daily overtime don't count again toward weekly overtime. Payroll calculates each day first, then checks the week, and pays the higher result.

A Worked Example (Nevada)

Nevada's rule is pay-based. At $12/hour (below 1.5× the minimum wage threshold), a 10-hour day earns 2 hours of daily overtime. At $25/hour, the same 10-hour day earns nothing extra until you pass 40 hours in the week. Check the current threshold each July — it adjusts with the minimum wage.

Frequently Asked Questions

Does federal law require overtime after 8 hours in a day?

No. The FLSA only requires overtime after 40 hours in a workweek. Daily overtime exists only where state law adds it.

I work four 10-hour days. Do I get overtime?

In California and Alaska, yes — 2 hours of daily overtime each shift. In most other states, no, because you never exceed 40 weekly hours. (Some California workplaces use an approved "alternative workweek" schedule that waives daily OT for 10-hour days — check with HR.)

What about double time?

Only California guarantees daily double time (after 12 hours in a day). A few union contracts and company policies add it elsewhere, but it's not required by law in other states.

Do paid holidays or PTO count toward daily overtime?

Generally no — daily overtime is based on hours actually worked, just like the federal weekly rule.

Calculate Your Daily Overtime

Our state calculators have these rules built in: try the California Overtime Calculator (with double time), the Nevada Overtime Calculator, the Alaska Overtime Calculator, or pick your state from the full state list. For the 12-hour details, see our California Double Time Calculator.