Methodology: State Overtime Calculator
What the calculator computes
The calculator takes nine inputs — state/jurisdiction, hourly rate, and seven daily hour values (Mon–Sun) — and produces a weekly pay breakdown: regular pay (1×), overtime pay (1.5×), and double-time pay (2×), plus the total. The math runs in two passes: per-day daily OT and double-time first, then weekly OT applied on top of the regular-rate hours that survived the daily pass.
For California specifically, the calculator handles four overlapping rules at once: daily OT after 8 hours, double-time after 12 hours, weekly OT after 40 regular hours, and the 7th-consecutive-day premium (1.5× first 8h + 2× after). The 7th-day rule supersedes the standard daily rules on that day, matching the §510 statute.
What the calculation assumes
- The worker is non-exempt. Salaried-exempt employees (executive, administrative, professional, computer, outside sales) don't get overtime, but misclassification is the most expensive payroll mistake — if unsure, the answer is usually "non-exempt."
- The worker is paid a flat hourly rate. Multi-rate workers (shift differentials, non-discretionary bonuses, piece-rate, commissions) have a different blended regular rate that this calculator doesn't compute — required when calculating overtime under both federal and California law for those workers.
- The 7-day workweek is Mon–Sun. The 7th-consecutive-day rule is keyed to the employer's defined workweek, not the calendar; the calculator's day-of-week labels are positional, not strict calendar days.
- The Nevada daily-OT rule is treated as always applying. The statute actually only applies to workers earning less than 1.5× state minimum wage (~$18/hr in 2026); high-wage Nevada workers should select "Federal" to model weekly-only overtime.
- Hours entered are actual work hours under FLSA §3(o). Compensable waiting time, travel time, training, and on-call hours all count toward the OT thresholds; meal breaks of 30+ minutes generally don't. The calculator doesn't model the hour-type distinctions.
What's modeled
Five states with general overtime rules meaningfully different from federal:
- California (Labor Code §510) — 1.5× after 8 hours/day, 2× after 12 hours/day, plus weekly 40-hour threshold, plus 7th-day premium (1.5× first 8h, 2× after).
- Alaska (AS §23.10.060) — 1.5× after 8 hours/day, weekly 40-hour threshold. Optional Voluntary Flex Plan exempts 4×10 schedules from daily OT (not modeled).
- Nevada (NRS 608.018) — 1.5× after 8 hours/day for low-wage workers (under 1.5× state minimum wage), weekly 40-hour threshold for everyone. Calculator assumes the daily rule applies.
- Colorado (7 CCR 1103-1) — 1.5× after 12 hours in a workday OR 12 consecutive hours, weekly 40-hour threshold.
- Kentucky (KRS §337.050) — 1.5× for all hours worked on the 7th consecutive day in a workweek, weekly 40-hour threshold. Kentucky's only state-specific premium is the 7th-day rule.
The federal fallback applies the FLSA §7(a) standard: 1.5× for hours over 40 in a workweek, no daily OT, no double-time, no 7th-day premium.
What's not modeled (and why)
Industry-specific carve-outs. Oregon manufacturing (10-hour daily threshold), Connecticut hospitality (9-hour rule), Hawaii public works (8-hour rule on government contracts), Pennsylvania healthcare (daily-OT for nursing staff under Act 102), Massachusetts agriculture, and others. These require shift-type / sector inputs that most casual users can't self-classify accurately. The companion article documents them; the calculator focuses on general-population rules.
Blended regular rate. Workers paid multiple rates (shift differentials, non-discretionary bonuses, piece-rate, commissions) have a different regular rate for OT — the blended weighted average across the workweek. FLSA §7(g) governs this. Required for accurate damages math but requires 4+ additional inputs. Out of scope for v1.
Misclassification. The calculator assumes the worker is properly classified as non-exempt. The misclassification exposure (auto-conversion in California, up to 4 years of back overtime, statutory penalties) is the biggest wage-and-hour liability driver but is a legal-classification question, not a math question.
Liquidated damages and penalties. FLSA §16(b) provides double damages (back wages + equal amount as liquidated damages) for willful violations. California adds waiting-time penalties (§203), wage-statement penalties (§226), and PAGA penalties on top. The calculator computes the underlying overtime owed; the cascade can multiply exposure 3–10× in litigation.
State rules not meaningfully different from federal. 44 of 50 states follow the federal weekly-40-hour rule with no daily OT, no double-time, and no 7th-day premium. They're available implicitly by selecting "Federal" in the dropdown.
Worked examples
Five scenarios spanning the rule combinations the calculator handles. Reproduce any of these by entering the inputs in the widget.
| State | Rate | Schedule | Regular | 1.5× | 2× | Total | Rule applied |
|---|---|---|---|---|---|---|---|
| Federal | $25 | 5×10 = 50h | 40h | 10h | 0h | $1,375 | weekly OT over 40h |
| California | $25 | 5×10 = 50h | 40h | 10h | 0h | $1,375 | daily OT (2h × 5 days) |
| California | $25 | 7×8 = 56h | 40h | 16h | 0h | $1,600 | weekly OT + 7th-day premium |
| California | $25 | 1×14, rest 0 | 8h | 4h | 2h | $450 | daily OT + double-time (12h+) |
| Colorado | $25 | 5×13 = 65h | 40h | 25h | 0h | $1,938 | 12h daily threshold + weekly |
The federal vs CA 5×10 comparison shows the per-day daily-OT pass produces the same total as weekly OT in this case (different attribution; same dollars). The CA 7×8 row shows the 7th-day premium stacking with weekly OT.
When this gets re-reviewed
The five modeled states + federal baseline are reviewed against current law when any of these triggers fire, with the review date refreshed at the top of this page:
- DOL salary-threshold rule changes — the 2024 rule's vacatur and 2026 rescission are the most-recent example. Any new attempt to update the exempt-salary floor triggers a review of the modeled- states section.
- State legislative action — a new state-OT statute or amendment (e.g., California's annual indexing of the 2× minimum-wage exempt threshold). Triggers updating
data.ts. - Federal or state court ruling — a decision interpreting FLSA §7 or a state OT statute that changes the rule. Recent example: Texas v. DOL (2024) on the salary threshold.
- New state crosses the threshold of meaningfully different from federal — adding a sixth state would expand the dropdown.
- Industry-specific carve-out becomes widespread enough to model — current carve-outs (Oregon manufacturing, etc.) need sector inputs to model accurately; would require its own iteration.
Data sources
The federal baseline comes from the US Department of Labor — Overtime Pay guidance under FLSA §7(a). State-specific rules come from:
- California Labor Code §510 — daily OT, double-time, 7th-day premium
- California DIR — Overtime FAQ — the canonical "greater of daily or weekly" reading
- Alaska Department of Labor — Wage and Hour Act — daily OT
- Nevada Labor Commissioner — Overtime — wage-conditional daily OT
- Colorado CDLE — Wage Protection — 12-hour daily threshold
- Kentucky KRS §337.050 — 7th-day premium
Companion article: Overtime Rules by State.
How accurate is this?
Accurate enough for a single non-exempt hourly worker on a normal schedule in one of the modeled states. Real damages calculations in a wage claim involve things this calculator doesn't model: blended regular rate, liquidated damages, PAGA, §203 waiting-time penalties, §226 wage-statement penalties, industry-specific overtime carve-outs, and the procedural posture of the claim. A calculator that handled all of that would need fifteen inputs and most visitors would bounce before submitting.
This tool answers the typical query — "how much overtime pay am I owed for this week's hours?" — well enough for a quick check. For specific claim evaluation, that's what employment counsel is for.
Frequently asked questions
How does the calculator handle daily vs weekly overtime?
It applies daily OT first, then weekly OT to anything left over at the regular (1×) rate. California's canonical rule: "the greater of daily or weekly OT, but never both for the same hour." If 12 hours on Monday already pushed 4 hours into daily OT, those 4 hours don't also count toward the weekly 40-hour threshold — they're already overtime. Only hours STILL at the regular rate after the daily pass get re-bucketed when the weekly total exceeds 40. The same rule applies in Alaska and Nevada.
How is the 7th consecutive day determined?
The calculator treats the day-of-week inputs as Mon–Sun. If all 7 days have non-zero hours, the LAST entered day (Sun) is treated as the 7th consecutive day. This is the conservative reading of the California rule (which is keyed to the employer's defined "workweek," not strictly Sun-to-Sat). For workweeks that start on a different day, the math still holds — what matters is that 7 consecutive days were worked, not which calendar day comes last.
Why does the 7th day calculation override daily OT?
Because the statute says so. Labor Code §510 provides that the 7th-consecutive-day rule applies to ALL hours worked that day — 1.5× for the first 8 hours, 2× after. There's no carve-out for shifts that would already trigger daily OT or double-time independently; the 7th-day rule supersedes the standard daily rules for that day. The calculator implements the override directly: on the 7th day, the daily OT/double-time logic is bypassed in favor of the 7th-day brackets.
Why is Nevada modeled as always-daily-OT when the rule is wage-conditional?
Nevada's daily-OT rule (NRS 608.018) applies only to employees earning LESS than 1.5× state minimum wage — roughly $18/hour at 2026 rates. Surfacing that as a separate input would add friction for most Nevada queries (which assume daily OT applies). The methodology page documents the caveat; high-wage Nevada users can switch the state to 'Federal' to model weekly-only overtime. The same simplification trade-off as the meal-break tool's waiver handling — assume the common case, document the edge.
Why are industry carve-outs (Oregon manufacturing, etc.) not modeled?
Industry-specific overtime rules require shift-type / sector inputs the calculator deliberately doesn't surface. Oregon manufacturing has a 10-hour daily threshold but only for certain manufacturing facilities; Connecticut has a 9-hour rule for restaurants; Hawaii has an 8-hour rule for public works. Modeling these requires the user to identify their industry-specific applicability, which most casual users can't do at the point of using the calculator. The companion article documents them prose-style; the calculator focuses on general-population state rules.
About Clockspot
Clockspot is online time clock software for small businesses — the simplest way to track employee time, with GPS location tracking, PTO accruals, job costing, and overtime calculation. Used in all 50 states since 2007.
Calculating multi-state overtime with daily, weekly, and 7th-day premium rules is one of the things Clockspot handles — automatic daily-OT detection, double-time, and per-worker payroll reports. See how Clockspot tracks overtime.