States with daily overtime

Federal overtime is weekly. A few states also pay overtime after a set number of hours in a single day.

Last reviewed September 23, 2026 by Time Card Calculator Tool

Work it out on your own hours: California overtime calculator, free with no sign-up.

Under the federal Fair Labor Standards Act, overtime is owed only for hours over 40 in a workweek. How those hours are spread across the days does not matter: a 14 hour Monday followed by a short week earns no federal overtime. A small number of states add a daily test on top, so a single long day can earn overtime even when the week stays under 40.

The daily overtime states

Every other state uses a weekly test only, almost always 40 hours, either because its own law matches the FLSA or because it has no overtime law and the federal rule applies directly. A few states set a higher weekly threshold for small employers the FLSA does not cover.

How daily and weekly overtime interact

Where both rules apply, an hour is paid at the highest rate it qualifies for, once. Daily overtime hours are counted first. The weekly test is then applied only to the remaining regular hours, so the same hour is never paid as overtime twice.

Example: California, four 11 hour days

Each day has 8 regular hours and 3 hours of daily overtime. For the week that is 32 regular hours and 12 overtime hours, a total of 44. The regular hours (32) are under 40, so there is no additional weekly overtime. Under federal rules only, the same week would be 40 regular hours and 4 overtime hours, so California pays 8 more overtime hours.

Example: Colorado, one 14 hour day and four 8 hour days

The long day has 12 regular hours and 2 overtime hours. The other four days add 32 regular hours, for 44 regular hours in the week. The 4 regular hours over 40 then become weekly overtime. Result: 40 regular, 6 overtime.

Why the workweek start still matters

Daily overtime is counted per workday, which is usually the 24 hour period beginning when a shift starts, but the weekly test and California's seventh day rule are counted per workweek. An employer sets its workweek once, as any fixed seven day period, and cannot shift it to avoid overtime. When you total your own hours, start your week on the same day your employer does, which the calculator's "workweek starts on" setting handles.

Checking a week with daily overtime

Open the time card calculator, set the overtime rule to your state, and enter the week's punches. The totals block shows regular, overtime and double time hours separately. For California specifically, the California overtime calculator page explains the seventh day rule and alternative workweek schedules in more detail.

Collective agreements and company policy

Nothing stops an employer from paying daily overtime in a state that does not require it, and many union contracts do, often after 8 hours, sometimes with double time on Sundays or holidays. Those are contractual rights, enforced through the contract rather than state law. If your pay stub shows daily overtime in a weekly-only state, that is the likely reason.