Is there overtime in your week?
Type the hours you worked each day. The time card marks what crosses your state's line, and the stub shows what the week pays — plus the slice that counts for the federal overtime deduction.
Pay stub for the week
Which states have daily overtime?
Federal law (the FLSA) only requires time-and-a-half after 40 hours in a workweek. 5 states add a daily trigger:
| State | Daily rule | Double time | Notes |
|---|---|---|---|
| Alaska | 1.5x after 8 h | — | 1.5x after 8 hours in a day or 40 in a week. The Alaska Wage and Hour Act does not cover employers with fewer than four employees. Approved voluntary flexible work-hour plans (e.g., four 10-hour days) are exempt from the daily rule. |
| California | 1.5x after 8 h | 2x after 12 h | 1.5x after 8 hours in a day and after 40 in a week; 2x after 12 hours in a day. On the seventh consecutive day of the workweek: 1.5x for the first 8 hours and 2x beyond 8. Alternative workweek schedules adopted by secret-ballot election can change the daily trigger. |
| Colorado | 1.5x after 12 h | — | 1.5x for hours over 40 in a week, over 12 in a workday, or over 12 consecutive hours, whichever produces the most overtime (no pyramiding). |
| Nevada | 1.5x after 8 h | — | 1.5x after 40 hours in a week for everyone. Daily overtime (1.5x after 8 hours in any 24-hour period) applies only to employees earning less than 1.5 times the state minimum wage, i.e., under $18.00/hour at the $12.00 minimum wage. Employees who agree in writing to a 4x10 schedule are excluded from the daily rule. |
| Oregon | 1.5x after 10 h (manufacturing only) | — | 1.5x after 40 hours in a week. Manufacturing establishments (mills, factories) must also pay 1.5x after 10 hours in a day; when both daily and weekly overtime are owed, the employer pays the greater, not both. Weekly hour caps apply in manufacturing. |
How the week is figured
Regular rate
Everything you earned for straight time this week — hourly pay plus any nondiscretionary bonus, shift differential or commission — divided by hours worked. Overtime is 1.5× that, not just your base wage. A $100 attendance bonus in a 50-hour week at $20 makes the regular rate $22 and each overtime hour $33.
Over 40
Hours past 40 in a fixed, recurring workweek pay 1.5×. Weeks are never averaged, and sick days, holidays and PTO do not count toward the 40.
State lines
California, Alaska, Nevada and Colorado add a daily trigger; California doubles the rate after 12 hours; California and Kentucky pay a premium on the seventh straight day. Hours already paid as daily overtime are not counted again toward the 40.
The deduction
For 2025–2028 the half-time premium on hours over 40 — the "half" in time-and-a-half — is deductible from federal income tax, up to $12,500. State-only daily and double-time premiums are not.
Are you exempt from overtime?
Salaried employees are exempt only if they pass both a salary floor and a duties test. Check the salary floor for your state:
All state exempt-salary thresholds
Overtime rules by state
Frequently asked questions
Is overtime calculated daily or weekly?
Under federal law, weekly: hours over 40 in the workweek. Four states (California, Alaska, Nevada, Colorado) also require daily overtime after 8 or 12 hours, and Oregon requires it in manufacturing after 10 hours. Everywhere else, a 12-hour day in a 36-hour week earns no overtime.
Does my employer have to pay overtime if I'm salaried?
Yes, unless you are properly classified as exempt. Exemption requires a salary at or above the applicable floor ($684/week federally; higher in CA, NY, WA, CO, AK and ME) and duties that meet an executive, administrative, professional, computer or outside-sales test. A job title alone does not make you exempt.
Is overtime tax-free now?
No. Overtime is still taxed and withheld normally. For tax years 2025–2028 there is a federal deduction for the half-time premium portion of FLSA-required overtime, up to $12,500 ($25,000 joint), phasing out above $150,000 of income ($300,000 joint). Your 2026 W-2 reports the qualifying amount in Box 12, code TT. Details
Can my employer give me comp time instead of overtime pay?
Private employers cannot substitute compensatory time off for FLSA overtime; it must be paid in wages. Public-sector employers may offer comp time at 1.5 hours per overtime hour under specific rules.
Do holidays, sick days or PTO count toward the 40 hours?
No. Only hours actually worked count toward the overtime threshold under federal law and in every state. An employer may choose to count them by policy, but it is not required.