US Overtime Rules by State

Fact Check: US Overtime Rules by State

Verified
37
Partial
0
Issue
0
Outdated
0
Unverifiable
0
Verified May 22, 2026Methodology

Summary

Comprehensive verification covering 37 verifiable claims across federal FLSA baseline, exempt-threshold rules, named legal precedent, specific dollar amounts, every state-by-state overtime rule mentioned in the article, all three FLSA industry exemptions (healthcare 8-and-80, fire/police, commission-retail), comp time limits, and statute-of-limitations claims. All 37 claims verified against Tier 1 or Tier 2 sources. No issues flagged; no claims outdated; no claims partial. Article and report ship together.

Statutory / regulatory

32 claims

FLSA exempt duties tests (executive, administrative, professional, computer, outside sales, highly-compensated)

Appears in
The duties test — where most misclassifications happen
Source (primary)
https://www.dol.gov/agencies/whd/fact-sheets/17a-overtime
Verified
May 22, 2026single source
Notes

Article table for each category — duties phrasing matches Fact Sheet #17A exactly. Executive: "primary duty is management... directs at least 2 FTE... hire/fire authority." Administrative: "independent judgment on significant matters." Professional: "advanced knowledge in a science or learning field." Computer: "$684/week or $27.63/hr." Outside Sales: "makes sales away from the employer's place of business." Highly Compensated: "$107,432/yr."

FLSA Section 7(o) comp time — 1.5h per OT hour; capped at 240h (480h for public safety); state and local government employees only

Appears in
Special Federal Rules; The 5 Most Expensive Overtime Mistakes; FAQ
Source (primary)
https://www.dol.gov/agencies/whd/fact-sheets/7-flsa-state-local-government
Source (secondary)
https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-A/part-553
Verified
May 22, 2026· 2+ independent sources
Notes

29 CFR Part 553 confirms 1.5h-per-OT-hour rate and 240/480 caps; private-sector comp time prohibited.

California 7th-consecutive-day premium is 1.5× for first 8h, 2× after 8h

Appears in
State-by-State Rules — California
Source (primary)
https://www.dir.ca.gov/dlse/faq_overtime.htm
Verified
May 22, 2026single source
Notes

DIR confirms the 1.5× / 2× split. The triggering conditions (≥6h on any of the prior 6 days, or ≥30h in the prior 6 days) are nuances of when the premium applies, not contradictions of the rate.

California exempt salary threshold is $70,304/yr (2× $16.90 minimum wage × 2,080 hours), small/large employer distinction eliminated

Appears in
State-by-State Rules — California; Recent Changes
Source (primary)
https://www.dir.ca.gov/DIRNews/2025/2025-118.html
Source (secondary)
https://www.californiaworkplacelawblog.com/2025/11/articles/wage-and-hour/california-exempt-employee-wage-increases-for-2026/
Archive
https://web.archive.org/web/2026/https://www.californiaworkplacelawblog.com/2025/11/articles/wage-and-hour/california-exempt-employee-wage-increases-for-2026/
Verified
May 22, 2026· 2+ independent sources
Notes

As of January 1, 2026, $70,304/yr is the single uniform California exempt salary threshold (the 26/25-employee distinction was eliminated when minimum wages equalized). DIR News confirms the 2026 figure.

California AB 5 (signed September 18, 2019) codifies the ABC test for independent contractor classification at Labor Code §2750.3

Appears in
Independent contractor classification — the ABC test
Source (primary)
https://law.justia.com/codes/california/2019/code-lab/division-3/chapter-2/article-1/section-2750-3/
Source (secondary)
https://www.ftb.ca.gov/file/business/industries/worker-classification-and-ab-5-faq.html
Verified
May 22, 2026· 2+ independent sources
Notes

Signed by Governor Newsom Sept 18, 2019. Effective January 1, 2020. ABC test prongs A, B, C exactly match the statutory text.

California AB 1066 (signed September 12, 2016) phases in agricultural overtime to 8h daily / 40h weekly by 2022 (for 26+ employers)

Appears in
Agriculture, Outside Sales, Commission-Only
Source (primary)
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB1066
Source (secondary)
https://www.dir.ca.gov/dlse/Overtime-for-Agricultural-Workers.html
Verified
May 22, 2026· 2+ independent sources
Notes

Phase-in schedule verified: 9.5h/55h (2019), 9h/50h (2020), 8.5h/45h (2021), 8h/40h (2022 for 26+).

Oregon manufacturing/canneries daily 10h overtime; agricultural overtime 48h weekly through 2026, 40h by 2027 (HB 4002)

Appears in
State-by-State Rules — Oregon; Recent Changes
Source (primary)
https://www.oregon.gov/boli/employers/pages/minimum-wage-and-overtime-in-agriculture.aspx
Source (secondary)
https://www.oregonlegislature.gov/bills_laws/lawsstatutes/2022orLaw0115.pdf
Verified
May 22, 2026· 2+ independent sources
Notes

HB 4002 phase-in: 55h (2023–2024), 48h (2025–2026), 40h from January 1, 2027.

Missouri public works construction daily 10h overtime (RSMo § 290.230)

Appears in
Other notable states
Source (primary)
https://revisor.mo.gov/main/OneSection.aspx?section=290.230
Verified
May 22, 2026single source
Notes

Statute text quoted: "work that exceeds ten hours in one day and work in excess of forty hours in one calendar week." Tier 1 issuing body. The 10h daily threshold is established in the prevailing wage statute, not the general overtime statute (290.505).

Rhode Island 1.5× premium for Sunday and holiday work — retail employees only (§25-3-3)

Appears in
Other notable states; What's NOT Required Overtime
Source (primary)
https://www.workforcehub.com/hr-laws-and-regulations/rhode-island/rhode-island-overtime-laws/
Archive
https://web.archive.org/web/2026/https://www.workforcehub.com/hr-laws-and-regulations/rhode-island/rhode-island-overtime-laws/
Verified
May 22, 2026single source
Notes

The rule applies to retail employees only. Article describes the retail-scope qualification inline.

Statistical aggregate

1 claim

Specific numeric

2 claims

The Department of Labor recovered $259 million in back wages in fiscal year 2025; overtime violations account for ~80% of FLSA cases

Appears in
Stakes-led intro
Source (primary)
https://www.dol.gov/agencies/whd/data
Source (secondary)
https://www.dol.gov/newsroom/releases/whd/whd20260108
Archive
https://web.archive.org/web/2026/https://www.dol.gov/newsroom/releases/whd/whd20260108
Verified
May 22, 2026· 2+ independent sources
Notes

DOL Wage and Hour Division FY 2025 enforcement totals: $259M in back wages recovered; ~80% of FLSA cases involve overtime claims. Article cites the precise FY 2025 figures.

FedEx Ground paid $228 million in 2015 to settle driver misclassification cases

Appears in
Stakes-led intro
Source (primary)
https://www.leonardcarder.com/case/alexander-v-fedex-ground/
Source (secondary)
https://www.bigclassaction.com/settlement/228m-settlement-agreed-in-fedex-california.php
Archive
https://web.archive.org/web/2026/https://www.leonardcarder.com/case/alexander-v-fedex-ground/
Verified
May 22, 2026· 2+ independent sources
Notes

$228M is the canonical reported figure across legal-industry sources.

Sources

52 unique sources cited across the report — click to audit any claim directly against its evidence.

  1. 1.https://www.dol.gov/agencies/whd/fact-sheets/23-flsa-overtime-pay
  2. 2.https://www.dol.gov/agencies/whd/overtime
  3. 3.https://www.law.cornell.edu/cfr/text/29/778.105
  4. 4.https://www.dol.gov/agencies/whd/fact-sheets/17a-overtime
  5. 5.https://www.dol.gov/agencies/whd/overtime/salary-levels
  6. 6.https://www.dol.gov/agencies/whd/fact-sheets/17h-overtime-highly-compensated
  7. 7.https://www.dol.gov/agencies/whd/fact-sheets/54-healthcare-overtime
  8. 8.https://www.dol.gov/agencies/whd/fact-sheets/8-flsa-police-firefighters
  9. 9.https://www.law.cornell.edu/cfr/text/29/553.230
  10. 10.https://www.dol.gov/agencies/whd/fact-sheets/20-flsa-commissions-retail
  11. 11.https://www.dol.gov/agencies/whd/fact-sheets/7-flsa-state-local-government
  12. 12.https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-A/part-553
  13. 13.https://www.dir.ca.gov/dlse/faq_overtime.htm
  14. 14.https://www.dir.ca.gov/DIRNews/2025/2025-118.html
  15. 15.https://www.californiaworkplacelawblog.com/2025/11/articles/wage-and-hour/california-exempt-employee-wage-increases-for-2026/
  16. 16.https://web.archive.org/web/2026/https://www.californiaworkplacelawblog.com/2025/11/articles/wage-and-hour/california-exempt-employee-wage-increases-for-2026/
  17. 17.https://law.justia.com/codes/california/2019/code-lab/division-3/chapter-2/article-1/section-2750-3/
  18. 18.https://www.ftb.ca.gov/file/business/industries/worker-classification-and-ab-5-faq.html
  19. 19.https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB1066
  20. 20.https://www.dir.ca.gov/dlse/Overtime-for-Agricultural-Workers.html
  21. 21.https://labor.alaska.gov/lss/whact.htm
  22. 22.https://www.nevadaemployers.org/daily-overtime-in-nevada-rules-for-employers/
  23. 23.https://web.archive.org/web/2026/https://www.nevadaemployers.org/daily-overtime-in-nevada-rules-for-employers/
  24. 24.https://cdle.colorado.gov/sites/cdle/files/info_%231_2025_comps_&_paycalc_orders_8.7.25.pdf
  25. 25.https://www.oregon.gov/boli/employers/pages/minimum-wage-and-overtime-in-agriculture.aspx
  26. 26.https://www.oregonlegislature.gov/bills_laws/lawsstatutes/2022orLaw0115.pdf
  27. 27.https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=32049
  28. 28.https://law.justia.com/codes/connecticut/title-31/chapter-558/section-31-76b/
  29. 29.https://portal.ct.gov/dol/divisions/wage-and-workplace-standards/wage-and-hour
  30. 30.https://labor.hawaii.gov/wsd/wage-and-hour-faqs/
  31. 31.https://www.workforcehub.com/hr-laws-and-regulations/north-dakota/north-dakota-overtime-laws/
  32. 32.https://web.archive.org/web/2026/https://www.workforcehub.com/hr-laws-and-regulations/north-dakota/north-dakota-overtime-laws/
  33. 33.https://revisor.mo.gov/main/OneSection.aspx?section=290.230
  34. 34.https://www.workforce.com/news/overtime-laws-by-state
  35. 35.https://web.archive.org/web/2026/https://www.workforce.com/news/overtime-laws-by-state
  36. 36.https://www.workforcehub.com/hr-laws-and-regulations/rhode-island/rhode-island-overtime-laws/
  37. 37.https://web.archive.org/web/2026/https://www.workforcehub.com/hr-laws-and-regulations/rhode-island/rhode-island-overtime-laws/
  38. 38.https://dol.ny.gov/domestic-workers-bill-rights
  39. 39.https://dol.ny.gov/one-day-rest-seven-section-161-new-york-state-labor-law-ls611
  40. 40.https://nationalaglawcenter.org/state-compilations/agpay/overtime/
  41. 41.https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=17200.&lawCode=BPC
  42. 42.https://scholar.google.com/scholar_case?case=16282080975593758278
  43. 43.https://caselaw.findlaw.com/court/us-9th-circuit/1676581.html
  44. 44.https://www.huschblackwell.com/newsandinsights/texas-district-court-vacates-department-of-labors-2024-overtime-rule-returning-to-the-salary-thresholds-set-in-2019
  45. 45.https://ogletree.com/insights-resources/blog-posts/trump-administration-rescinds-2024-dol-white-collar-overtime-expansion/
  46. 46.https://web.archive.org/web/2026/https://www.huschblackwell.com/newsandinsights/texas-district-court-vacates-department-of-labors-2024-overtime-rule-returning-to-the-salary-thresholds-set-in-2019
  47. 47.https://www.dol.gov/agencies/whd/data
  48. 48.https://www.dol.gov/newsroom/releases/whd/whd20260108
  49. 49.https://web.archive.org/web/2026/https://www.dol.gov/newsroom/releases/whd/whd20260108
  50. 50.https://www.leonardcarder.com/case/alexander-v-fedex-ground/
  51. 51.https://www.bigclassaction.com/settlement/228m-settlement-agreed-in-fedex-california.php
  52. 52.https://web.archive.org/web/2026/https://www.leonardcarder.com/case/alexander-v-fedex-ground/

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