🗺️ State Overtime Rules Map
Federal FLSA is the baseline (weekly OT after 40 hours), but several states add daily overtime, double time, or other rules that directly affect construction payroll. If you operate in multiple states, your payroll system needs project-level configuration — the same worker may have different OT thresholds depending on which state the project is in.
The more protective rule wins. When federal, state, and CBA rules overlap, apply whichever gives the worker the highest pay for each hour. On multi-state projects (e.g., a bridge crossing a state line), apply the rules of the state where the work is physically performed.
Daily overtime states
These states require overtime based on hours worked per day, in addition to the federal 40-hour weekly threshold.
| State | Daily OT trigger | Daily DT trigger | Weekly OT | Key notes |
|---|---|---|---|---|
| California | After 8 hrs → 1.5x | After 12 hrs → 2x | After 40 hrs → 1.5x | Most complex — 7th-day rule, AWS, anti-pyramiding. Full CA guide → |
| Nevada | After 8 hrs → 1.5x | None | After 40 hrs → 1.5x | Applies if employee earns less than 1.5x minimum wage; no DT |
| Alaska | After 8 hrs → 1.5x | None | After 40 hrs → 1.5x | No daily DT; some exemptions for specific industries |
| Colorado | After 12 hrs → 1.5x | None | After 40 hrs → 1.5x | Higher daily threshold (12 hrs, not 8) |
What this means for multi-state contractors
If you bid a project in Nevada after working in California, your workers won't get daily DT in Nevada — but they will get daily OT after 8 hours (if they earn under 1.5x minimum wage). Your payroll system needs to switch calculation modes by project location.
Weekly-only OT states (FLSA standard)
The majority of states follow the federal FLSA rule with no additional daily OT requirement. OT kicks in only after 40 hours in a workweek.
These states have no daily overtime — only weekly OT after 40 hours:
Alabama, Arizona, Arkansas, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming, and Washington D.C.
Even in a weekly-only OT state, a union CBA may require daily OT after 8 hours. Many building trades CBAs include daily OT provisions nationwide. Always check the CBA for the project, not just state law.
States with prevailing wage laws
Prevailing wage adds another layer — the OT calculation may differ on public works projects.
Strong prevailing wage states
These states have active prevailing wage programs that affect payroll:
| State | PW threshold | Key features |
|---|---|---|
| California | Over $1,000 | DIR registration, eCPR, mandatory apprentice ratios, strictest enforcement |
| New York | Any public works ($0) | Supplements (fringes) required, strong enforcement |
| New Jersey | Over $2,000 (state) | Closely mirrors Davis-Bacon |
| Massachusetts | Any public works | Weekly CPR required |
| Illinois | Over $0 | Aggressive enforcement, separate rates per county |
| Connecticut | Over $100,000 | Annual rate updates |
| Pennsylvania | Over $25,000 | Strong enforcement |
| Ohio | Over $250,000 | Higher threshold but active program |
| Washington | Over $0 | Journey-level and apprentice rates |
| Oregon | Over $50,000 | Residential exemption |
| Nevada | Over $100,000 | Public body can opt out |
| Minnesota | Over $25,000 | Certified payroll required |
States with no prevailing wage law
These states have repealed prevailing wage or never had one — only federal Davis-Bacon applies on federally funded projects:
Alabama, Arizona, Arkansas, Colorado, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, New Hampshire, North Carolina, North Dakota, Oklahoma, South Carolina, South Dakota, Utah, Virginia, West Virginia
Key state variations that affect payroll
Workweek definitions
Most states follow the FLSA 168-hour fixed workweek. California codifies this in Labor Code §500 and prohibits changing the workweek to avoid OT.
Meal and rest breaks
| State | Meal break | Rest break | Construction impact |
|---|---|---|---|
| California | 30 min after 5 hrs, second after 10 hrs | 10 min per 4 hrs | Penalty: 1 hr pay per missed break. Full details → |
| Washington | 30 min after 5 hrs | 10 min per 4 hrs | Similar to CA |
| Oregon | 30 min after 6 hrs | 10 min per 4 hrs | Slightly longer threshold |
| Nevada | 30 min after 8 hrs continuous | 10 min per 4 hrs | Higher meal break threshold |
| Colorado | 30 min after 5 hrs | 10 min per 4 hrs | Similar to CA |
| New York | 30 min (noon for 6am–2pm shift) | No state requirement | Industry-specific rules |
| Most other states | No state requirement | No state requirement | Only FLSA applies (no federal meal/rest mandate) |
Saturday, Sunday, and holiday pay
Federal and most state laws do not require premium pay for weekends or holidays. However:
- Many union CBAs require 1.5x for Saturday and 2x for Sunday/holidays
- Some prevailing wage determinations include weekend/holiday premiums
- This is a contract/CBA matter, not a legal requirement in most states
Setting up multi-state payroll
For each project, configure:
- State — determines which daily OT rules (if any) apply
- Prevailing wage status — determines rate source and OT calculation method
- CBA — may add rules beyond what state law requires
- Calculation mode — based on the combination above:
- ST/OT/DT Active: California and some CBA projects (daily + weekly + DT)
- ST/OT Only: Daily OT states without DT (Nevada, Alaska) or CBA-required daily OT
- Weekly Only (FLSA): Most states on private or non-PW projects
- Manual: Special situations requiring custom calculation
| Project scenario | State | Calculation mode | OT source |
|---|---|---|---|
| Private work, no union | Texas | Weekly only (FLSA) | Federal 40-hr rule |
| Private work, IBEW local | Texas | ST/OT per CBA | CBA daily OT after 8 hrs |
| State highway, no union | California | ST/OT/DT Active | CA Labor Code §510 |
| Federal bridge project | Nevada | ST/OT Only + PW | NV daily OT + Davis-Bacon |
| Federal building, union | New York | ST/OT per CBA + PW | CBA + Davis-Bacon (higher rate wins) |
Related resources
- Federal Overtime Rules — FLSA baseline
- California Overtime Rules — Full CA daily OT, breaks, AWS
- Overtime Rules for Construction — Comprehensive OT reference
- Prevailing Wage Guide — Davis-Bacon and state PW laws
- Prevailing Wage Rate Management — Rate lookups and priority