Overtime After 8 Hours 2026: Which States Require Daily OT?

States That Require Overtime After 8 Hours

Most Americans believe overtime only kicks in after 40 hours in a week. That is true under federal law — but five states and two U.S. territories require daily overtime for certain workers. If you live in one of these jurisdictions, a 10-hour shift means 2 hours of time-and-a-half pay even if you work only 3 days that week.

The 5 States With Daily Overtime Laws

| State | Daily OT Threshold | Rate | Who It Applies To |

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

| California | 8 hours / 12 hours (double time) | 1.5× / 2× | Virtually all non-exempt employees |

| Nevada | 8 hours | 1.5× | Workers earning under 1.5× state minimum wage |

| Alaska | 8 hours | 1.5× | Most non-exempt employees |

| Colorado | 12 hours / 24-hour span | 1.5× | Most non-exempt employees |

| Oregon | 10 hours (manufacturing only) | 1.5× | Manufacturing and cannery workers |

California: The Strictest Daily Overtime Law

California Labor Code 510 is the most generous daily overtime statute in the country:

• Hours 1–8: Regular rate
• Hours 8–12: Time and a half (1.5×)
• Hours 12+: Double time (2×)
• 7th consecutive day: First 8 hours at 1.5×, hours 8+ at 2×

Example — A Los Angeles restaurant worker at $18/hour works 14 hours:

• Regular (8 hr): $144.00
• Daily OT (4 hr at $27): $108.00
• Double time (2 hr at $36): $72.00
• Daily total: $324.00 (vs. $252 in a federal-only state)

California also requires time-and-a-half for the first 8 hours on the 7th consecutive day worked in a workweek.

Use our California Overtime Pay Calculator to compute daily + weekly OT together.

Nevada: Two-Tier Daily Overtime

Nevada NRS 608.018 uses a two-step test:

• . Earning less than $18.00/hour (1.5× the $12.00 NV minimum): Daily OT after 8 hours AND weekly OT after 40 hours
• . Earning $18.00/hour or more: Weekly OT after 40 hours only

This means a Las Vegas housekeeper at $15/hour gets daily OT, but a casino supervisor at $20/hour does not.

Exception: A written mutual agreement for a 4/10 schedule waives daily OT but not the weekly 40-hour rule.

Alaska: Daily 8-Hour OT

Alaska Statute 23.10.060 requires time and a half after 8 hours in a day for most non-exempt employees. Unlike Nevada, Alaska does not have a wage-based threshold — the daily OT rule applies broadly.

Exceptions: Agricultural workers, certain fishermen, and employees covered by collective bargaining agreements may be exempt.

Colorado: 12-Hour / 24-Hour Rule

Colorado's Overtime and Minimum Pay Standards (COMPS) Order requires overtime when:

• An employee works more than 12 hours in a 24-hour period, OR
• More than 40 hours in a workweek

This is more lenient than California or Nevada. A worker on a 4/10 schedule (4 days × 10 hours) would receive no daily OT in Colorado.

Colorado also requires: overtime pay for hours worked after 12 consecutive hours, even if the total is under 40/week.

Oregon: Manufacturing 10-Hour Rule

Oregon's daily overtime law is narrow but important:

• Manufacturing and cannery workers: Time and a half after 10 hours in a day
• All other workers: Federal 40-hour rule only

This applies to factory workers, food processors, and production employees. Oregon is phasing in agricultural overtime (see our Oregon Overtime Laws 2026 guide).

Federal Law: No Daily Overtime

The FLSA contains no daily overtime requirement whatsoever. The 40-hour workweek is the only federal trigger. This means workers in Texas, Florida, Georgia, North Carolina, and 40+ other states can legally work 16-hour days with no overtime as long as weekly hours stay at or below 40.

How Daily Overtime Affects Your Paycheck

A worker earning $20/hour who works four 10-hour shifts:

| Location | Weekly Pay | Notes |

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

| Federal-only state | $800 | 40 regular hours, 0 OT hours |

| California | $920 | 32 regular + 8 daily OT hours |

| Nevada (under $18/hr) | $920 | Same as California |

| Colorado | $800 | 4/10 schedule exempt from daily OT |

| Alaska | $920 | 32 regular + 8 daily OT hours |

That is a $120 weekly difference — or $6,240 per year — between federal-only states and daily-OT states.

Frequently Asked Questions

Can my employer make me work more than 8 hours without overtime?

In federal-only states, yes — as long as total weekly hours are 40 or fewer. In California, Nevada, and Alaska, no.

Does daily overtime apply to salaried workers?

In California, yes — if the salaried worker is non-exempt. In Nevada, yes if their effective hourly rate is under $18/hour. In most states, exempt salaried workers receive no overtime at all.

Is double time required anywhere in the U.S.?

California requires double time after 12 hours in a day and on the 7th consecutive day after 8 hours. No other state mandates double time by law.

Do part-time workers get daily overtime?

Yes. Daily overtime laws apply to all non-exempt employees regardless of full-time or part-time status.

Can an employer average hours across two weeks to avoid overtime?

No. Federal law and daily OT states require overtime within each workweek (and each day, where applicable). Biweekly averaging is illegal.