How Many Hours Is Overtime? Federal & State Thresholds (2026)

The Short Answer

Under federal law in 2026, overtime starts after 40 hours in a single workweek. Four states add a daily trigger — most commonly after 8 hours in one day.

Federal Rule (FLSA) — 40 Hours per Workweek

The Fair Labor Standards Act sets the national baseline:

• Overtime kicks in after 40 hours worked in a 7-day workweek.
• A "workweek" is any fixed, recurring 168-hour period your employer designates.
• Overtime pay = 1.5× your regular rate for each hour over 40.
• There is no daily federal overtime — you can work twelve 12-hour days in a row and not earn federal OT until you hit hour 41 in a single week.

Try our free Overtime Calculator to see your exact pay.

Daily Overtime States (2026)

| State | Daily OT Trigger | Double-Time Trigger |

|---|---|---|

| California | After 8 hours/day | After 12 hours/day |

| Alaska | After 8 hours/day | — |

| Nevada* | After 8 hours/day | — |

| Colorado | After 12 hours/day | — |

*Nevada daily OT applies only to workers earning less than 1.5× the state minimum wage.

What Counts Toward Overtime Hours?

Counted: all hours actually worked, required training, short rest breaks (5–20 minutes), required on-call time at the worksite, and travel between job sites during the workday.

Not counted: paid vacation, sick leave, or holiday PTO; bona-fide meal periods (30+ minutes, fully relieved of duty); and the commute from home to the first jobsite.

The 7th Consecutive Day Rule

A few states require premium pay for working 7 days in a row:

• California — 1.5× for the first 8 hours, then 2× after 8 hours on the 7th consecutive workday
• Kentucky — 1.5× for all hours worked on the 7th consecutive day
• Rhode Island & Massachusetts — premium pay on Sundays and holidays for some retail workers

Common Misconceptions

• "Overtime is anything over 8 hours." False federally. Only true in CA, AK, NV (with conditions).
• "Salaried employees don't get overtime." False. Only those passing both the salary ($684/week) and duties test are exempt.
• "Overtime is per pay period." False. It is calculated per workweek.

Where to Check Your State

Pick your state to see the exact threshold and minimum wage:

• California Calculator
• Texas Calculator
• New York Calculator
• Florida Calculator
• All 50 states

Frequently Asked Questions

Is anything over 8 hours overtime?

Only in California, Alaska, Nevada (for lower-wage workers), and Colorado (after 12). Everywhere else, the federal 40-hour rule applies.

Is 32 hours considered overtime?

No. You must exceed 40 hours in a week for federal overtime to trigger.

Is 45 hours a week overtime?

Yes — 5 hours of overtime, paid at 1.5× your regular rate.

Does my lunch break count toward 40 hours?

No. Unpaid 30+ minute meal breaks do not count.

Run your own numbers

The FLSA overtime calculator confirms the federal threshold for your schedule, and the time and a half calculator shows what the hours past it are worth.