States With Daily Overtime Laws (2026): 8-Hour, 12-Hour & Double Time
Most Americans only earn overtime after 40 hours in a week. But in a handful of states, a single long shift can trigger overtime even in a week where you never reach 40 hours. If you work 12-hour shifts, that difference is worth real money.
Daily overtime by state: four general rules, one industry rule, one territory
| State | Daily trigger | Rate | Notes |
|---|---|---|---|
| California | Over 8 hrs/day | 1.5× | 2× after 12 hrs/day. 7th consecutive workday: 1.5× for 8 hrs, then 2×. |
| Alaska | Over 8 hrs/day | 1.5× | No double-time tier. Some small employers and job categories are exempt. |
| Nevada | Over 8 hrs/day | 1.5× | Only if you earn less than 1.5× the state minimum wage. The cutoff moves with the minimum wage. |
| Colorado | Over 12 hrs/day | 1.5× | Also applies to 12 consecutive hours regardless of start time (COMPS Order). |
| Oregon | Over 10 hrs/day | 1.5× | Manufacturing establishments and canneries only. |
| Puerto Rico | Over 8 hrs/calendar day | 1.5× or 2× | Employees hired on or after 26 Jan 2017 get 1.5×; those hired earlier keep 2×. Check your hire date and any contract. |
Every other state follows the federal weekly rule alone. Where a daily and a weekly rule both apply, you are owed whichever produces more pay — and the same hour is never counted twice.
Double time is a California rule
Hours past 12 in one workday are paid at 2× there, and nowhere else does state law require it generally. For a 13-hour shift in California that means 8 hours at straight time, 4 hours at 1.5× and the 13th hour at 2×. Outside California, double time comes from a union contract or company policy.
What this means for a 12-hour rotation
Take a nurse on a 3x12 in California earning $40/hour. Three 12-hour shifts is 36 hours — no federal overtime at all. Under California's daily rule, each shift produces 4 overtime hours:
| Calculation | Hours | Rate | Pay |
|---|---|---|---|
| Federal rule only | 36 | $40 | $1,440 |
| California daily rule | 24 straight + 12 OT | $40 / $60 | $1,680 |
Same schedule, $240 difference every week. Over a year that is roughly $12,000.
Check for an alternative workweek schedule. Many California hospitals have a valid 3x12 alternative workweek schedule (adopted by a two-thirds employee vote). Under it, hours 9 to 12 of a regularly scheduled 12-hour shift are paid at straight time, so the $240 difference does not apply, while hours past 12 and past 40 in the week still are overtime. See the California 12-hour guide.
Two states with a different weekly threshold
- Kansas sets a state threshold of 46 hours per week, and Minnesota sets 48 hours. These apply only to employers not covered by the FLSA. Most workers are covered federally, so the 40-hour rule still governs.
The 7th consecutive day
California also pays a premium for the seventh consecutive day worked in one workweek: 1.5× for the first 8 hours and 2× beyond that. On a rotating roster this catches people out, because a stretch that spans a workweek boundary may not count as seven consecutive days within a single workweek.
Sources
- California Department of Industrial Relations — Overtime FAQ
- Colorado Department of Labor and Employment — COMPS Order
- Nevada Office of the Labor Commissioner — daily overtime and minimum wage
- Alaska Department of Labor — wage and hour administration
- U.S. Department of Labor — federal overtime baseline
Keep reading
- California 12-hour shift overtime in healthcare
- State-by-state mandatory overtime laws
- Mandatory overtime for nurses by state
Check your overtime against your paycheck
Model your rotation, differentials and unpaid breaks to see what each period should pay.
Frequently Asked Questions
Which states have daily overtime laws?
California, Alaska, Nevada and Colorado have general daily overtime rules. Oregon has a daily rule for manufacturing establishments and canneries, and Puerto Rico requires overtime after 8 hours in a day. All other states follow the federal weekly 40-hour rule only.
Can I get overtime if I work less than 40 hours a week?
Yes, in a daily-overtime state. Three 12-hour shifts is only 36 hours, but in California that produces 12 hours of overtime because each shift runs past 8 hours. In a weekly-only state the same schedule produces none.
Which states require double time?
California is the only state with a general double-time requirement: 2 times the regular rate for hours past 12 in a workday, and past 8 on the seventh consecutive workday. Puerto Rico's rate depends on the hire date: 2 times for employees hired before 26 January 2017, 1.5 times for later hires. Anywhere else, double time comes from a union contract or company policy, not state law.
What is the daily overtime rule in Nevada?
Nevada requires 1.5 times pay after 8 hours in a workday only for employees whose regular wage is below 1.5 times the state minimum wage. Above that cutoff, the weekly 40-hour rule applies instead. The cutoff changes whenever the minimum wage changes.
If both a daily and a weekly rule apply, do I get paid twice?
No. The same hour is only counted once. Your employer calculates your overtime under both rules and pays whichever result is higher, so you always receive the more favorable outcome.