Overtime Pay
Under federal law, most hourly workers, including nearly all construction and industrial tradespeople, must be paid time-and-a-half for every hour over 40 in a workweek.
- All workers
- State-specific
- Alaska
- California
- Colorado
- Nevada
The federal rule
- 1.5 times your regular rate for hours worked over 40 in a workweek.
- A workweek is any fixed, recurring period of 7 consecutive days (168 hours). Each week stands alone, so hours can’t be averaged over two weeks.
- Your “regular rate” includes most bonuses and incentive pay, not just your base hourly rate.
- If you work at two different rates in one week, overtime is usually based on a weighted average.
- Private employers can’t give “comp time” instead of overtime pay.
Who is exempt?
Some salaried managers and professionals are “exempt” from overtime. Laborers and tradespeople generally are not exempt, even if they’re paid a salary or a day rate, and job titles like “foreman” don’t automatically make someone exempt. Exemption depends on the actual duties and pay.
State daily overtime
| State | Daily overtime rule (summary) |
|---|---|
| California | 1.5x over 8 hours in a day; 2x over 12 hours in a day; special rules for the 7th consecutive day |
| Alaska | 1.5x over 8 hours in a day (for covered employers) |
| Nevada | 1.5x over 8 hours in a 24-hour period for workers earning under 1.5 times the minimum wage, with exceptions |
| Colorado | 1.5x over 12 hours in a workday or 12 consecutive hours |
Union contracts often provide daily overtime, weekend premiums and double time even where the law doesn’t.
Common overtime violations
- Paying “straight time” for all hours, or a flat day rate with no overtime
- Splitting hours between two company names or two paychecks to stay under 40
- Not counting travel time, shop time or meetings. See What Counts as Paid Time.
- Calling workers “independent contractors.” See Misclassification.
Standards & references
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