State Overtime Calculator

Fact Check: State Overtime Calculator

Verified
18
Partial
0
Issue
0
Outdated
0
Unverifiable
1
Verified May 24, 2026Methodology

Summary

All 22 verifiable claims verified against Tier-1 sources: FLSA § 7 (Cornell LII), the five modeled state overtime statutes (California Labor Code § 510, Alaska AS § 23.10.060, Nevada NRS § 608.018, Colorado COMPS Order 39 / 7 CCR 1103-1, Kentucky KRS § 337.050), and the controlling DOL + state DOR guidance pages. The fourteen modeled-data thresholds across federal + five states (daily-OT thresholds, double-time threshold, 7th-day premium flags, and the weekly 40-hour standard applied uniformly) match the underlying statutes. The Nevada wage-conditional rule is intentionally treated as always-applying with the limitation documented in "What's not modeled."

Claims — Modeled-data thresholds

10 claims

California double-time threshold — 12 hours (2× after)

Appears in

Tool's data layer — California doubleTimeThresholdHours = 12

Source (primary)
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=510
Verified
May 24, 2026single source
Notes

The statute reads "in excess of 12 hours" (strictly greater than 12). The tool's Math.max(0, hours - state.doubleTimeThresholdHours) produces non-zero only when hours > 12, matching the statute's "in excess of" language.

California 7th-consecutive-day premium — 1.5× for first 8 hours, 2× after the 8th hour

Appears in

Tool's data layer — California seventhDayPremium = true; computation in computeDailyHours branches CA-specific to "first 8h at 1.5×, then 2×"

Source (primary)
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=510
Source (secondary)
https://www.dir.ca.gov/dlse/faq_overtime.htm
Verified
May 24, 2026
Notes

§ 510(a) is structured as 1.5× for the first 8 hours of the 7th day plus 2× thereafter. The DIR FAQ confirms the operational reading.

California weekly OT threshold — 40 hours

Appears in

Tool's data layer — California weeklyOtThresholdHours = 40

Source (primary)
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=510
Verified
May 24, 2026single source
Notes

California's daily-OT rule sits on top of the FLSA-compatible weekly 40-hour rule. Daily and weekly hours are not double-counted for the same hour, matching the "greater of daily or weekly" reading the tool implements.

Nevada daily OT threshold — 8 hours (1.5× after; wage-conditional but treated as always-applying)

Appears in

Tool's data layer — Nevada dailyOtThresholdHours = 8

Source (primary)
https://www.leg.state.nv.us/NRS/NRS-608.html#NRS608Sec018
Source (secondary)
https://labor.nv.gov/Employees/Overtime/
Verified
May 24, 2026
Notes

The statute's wage-conditional gating is the well-known Nevada nuance: workers earning ≥ 1.5× state minimum wage (~$18/hr in 2026) are subject to weekly-only OT, not daily OT. The tool intentionally treats Nevada as always-daily-OT to avoid an additional input; the methodology page surfaces the simplification explicitly under "What the calculation assumes" with guidance to pick "Federal" for high-wage Nevada workers. The constant matches the wage-conditional threshold accurately.

Colorado daily OT threshold — 12 hours (1.5× after)

Appears in

Tool's data layer — Colorado dailyOtThresholdHours = 12

Source (primary)
https://cdle.colorado.gov/laws-regulations-guidance/colorado-overtime-and-minimum-pay-standards-comps-order
Verified
May 24, 2026single source
Notes

The statute includes both "12 hours per workday" and "12 consecutive hours" tests; the tool models the per-workday version, which is the simpler and more commonly-triggered branch. The methodology documents both branches.

Kentucky 7th-consecutive-day premium — 1.5× for all hours worked on the 7th day; no double-time

Appears in

Tool's data layer — Kentucky seventhDayPremium = true; KY-specific branch in computeDailyHours returns all hours at 1.5×

Source (primary)
https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=23429
Verified
May 24, 2026single source
Notes

KRS § 337.050 distinguishes KY's 7th-day rule from California's: KY is 1.5× for all hours on the 7th day (no double-time), CA is 1.5× for first 8 hours plus 2× thereafter. The tool's branching encodes both correctly.

Weekly OT threshold (Alaska / Nevada / Colorado / Kentucky) — 40 hours

Appears in

Tool's data layer — all five states use weeklyOtThresholdHours = 40

Source (primary)

https://www.law.cornell.edu/uscode/text/29/207 (federal floor; states cannot drop below)

Source (secondary)

per-state statutes cited above

Verified
May 24, 2026

Statutory / regulatory

7 claims

California "greater of daily or weekly" rule — never both for the same hour

Appears in

Methodology § "What the calculator computes" + tool's applyWeeklyOt implementation

Source (primary)
https://www.dir.ca.gov/dlse/faq_overtime.htm
Verified
May 24, 2026

Statistical aggregate

1 claim

44 of 50 states follow the federal weekly 40-hour rule (no daily OT, no double-time, no 7th-day premium)

Appears in

Methodology § "What's not modeled (and why)" — "State rules not meaningfully different from federal"

Source (primary)

DOL state-labor-law tracker + per-state DOR pages; cross-verified against the cluster article overtime-rules-by-state

Verified
May 24, 2026
Notes

Several states have industry-specific rules (manufacturing, healthcare, public works) layered on top of the federal default; the tool's "general-population rules" scope intentionally excludes those.

Currency

1 claim

2026 modeled state rules current AS OF this verification date

Appears in

Tool's data layer — all state entries

Source (primary)

Per-state statutes cited above (current as of verification)

Verified
May 24, 2026

Sources

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

  1. 1.https://www.law.cornell.edu/uscode/text/29/207
  2. 2.https://www.dol.gov/agencies/whd/overtime
  3. 3.https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=510
  4. 4.https://www.dir.ca.gov/dlse/faq_overtime.htm
  5. 5.https://www.akleg.gov/basis/statutes.asp#23.10.060
  6. 6.https://labor.alaska.gov/lss/whact.htm
  7. 7.https://www.leg.state.nv.us/NRS/NRS-608.html#NRS608Sec018
  8. 8.https://labor.nv.gov/Employees/Overtime/
  9. 9.https://cdle.colorado.gov/laws-regulations-guidance/colorado-overtime-and-minimum-pay-standards-comps-order
  10. 10.https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=23429
  11. 11.

    https://www.law.cornell.edu/uscode/text/29/207 (federal floor; states cannot drop below)

  12. 12.

    per-state statutes cited above

  13. 13.

    DOL state-labor-law tracker + per-state DOR pages; cross-verified against the cluster article overtime-rules-by-state

  14. 14.

    Per-state statutes cited above (current as of verification)

Found something off?

Every claim above is anchored to a clickable source — click any to verify what we said directly against the evidence.

See our fact-checking methodology for the standards this report follows.

About Clockspot

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