Overtime rules
Week's pay
$0
| Regular hours | 0 |
| Overtime at 1.5x | 0 |
| Double time at 2x | 0 |
| Total hours | 0 |
The four states that count the day
| State | Time and a half after | Double time after | Worth knowing |
|---|---|---|---|
| California | 8 hours a day | 12 hours a day | The strictest in the country. Time and a half past 8 hours, double time past 12, and on the seventh consecutive day of a workweek the first 8 hours are time and a half with double time after that. |
| Alaska | 8 hours a day | No daily double time | Time and a half past 8 hours in a day or 40 in a week, whichever gives more. |
| Nevada | 8 hours a day | No daily double time | Daily overtime past 8 hours, but only for lower-paid employees. Above that wage threshold only the weekly rule applies, which catches people out in both directions. |
| Colorado | 12 hours a day | No daily double time | Time and a half past 12 hours in a day, past 12 consecutive hours regardless of when the shift started, or past 40 in a week. |
The schedule that catches people
Four ten-hour days is a popular pattern in field work. It looks free, because the week totals forty. In California, Alaska and Nevada it owes eight hours of overtime, which on a $22 rate is an extra $88 a week per person, or about $4,500 a year for one employee.
Three rules that apply everywhere
- The workweek is fixed. Seven consecutive days, recurring, set in advance. You cannot average across two weeks to avoid a premium, so sixty hours then twenty owes twenty hours of overtime.
- Salary does not mean exempt. Exemption needs both a salary above the threshold and specific duties, and field trades rarely meet the duties test. Paying a crew member a salary does not remove their right to overtime.
- Time off instead of pay is not allowed for private employers. Compensatory time in place of a premium is a public sector arrangement, and an employee agreeing to it does not make it lawful.
What overtime is calculated on
Not just the base rate. The regular rate includes nondiscretionary bonuses, shift premiums and commissions, so a crew member on $22 an hour who also earns a $100 completion bonus has a higher regular rate that week, and their overtime is calculated on that higher figure.
This is a common and expensive miss, because payroll usually defaults to the base rate.
A planning tool, and a simplified one
This compares the daily and weekly outcomes and shows the larger, which is the standard approach. Real calculations carry more nuance, particularly in California where daily overtime hours are handled separately in the weekly total, and where the seventh consecutive day has its own rule this tool does not model. Use it to see whether you have a problem, then confirm with your payroll provider or an employment attorney.
Common questions
Do I owe overtime for a four day, ten hour week?
In most states no, because the week totals forty. In California, Alaska and Nevada yes, because those states count the day as well as the week, and ten hours is over their eight hour daily threshold. The same schedule owes eight hours of overtime in California and none in Ohio.
Which states have daily overtime?
California, Alaska, Nevada and Colorado. California is the strictest, with time and a half past eight hours, double time past twelve, and a premium on the seventh consecutive day. Nevada's rule only applies to employees earning under one and a half times the state minimum wage. Checked 28 August 2026.
Can I average hours across two weeks?
No. Overtime is calculated per workweek, and a workweek is a fixed and recurring period of seven consecutive days. Working sixty hours one week and twenty the next owes twenty hours of overtime, even though the two weeks average forty.
Can I give time off instead of overtime pay?
Private employers generally cannot. Compensatory time in place of overtime is a public sector arrangement. If a private employer offers time off instead of paying the premium, that is usually a violation whatever the employee agreed to.
Are my crew exempt from overtime?
Almost certainly not. The common exemptions cover executive, administrative and professional roles, and they require both a salary above a threshold and specific duties. A cleaner, landscaper or technician paid a salary is still owed overtime, and paying a salary does not by itself make anyone exempt.