Overtime Rules by State: What Employers Need to Pay

Fact Check: Overtime Rules by State: What Employers Need to Pay

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Verified May 27, 2026How we fact-check

Summary

We checked 28 article claims against the finalized overtime-laws-by-state research and a current-source spot check for the rules most likely to change. All 28 verified; no unsupported, outdated, or unresolved article claims remain.

This fact check covers what a small employer would rely on: the federal 40-hour rule, daily-overtime states, California double-time, Kentucky's 7th-day qualifier, Nevada's wage cutoff, exempt salary thresholds, duties-test framing, regular-rate pay items, private-sector comp time, remote-worker work-state routing, and the calculator's stated scope.

The article was checked against the matching overtime research report. That research page carries the full primary-source audit trail. This article fact check verifies that the article explains those findings faithfully and preserves the qualifiers that matter in payroll.

Verification result: the checked article claims are verified for publication. The main maintenance trigger is legal change: DOL exemption thresholds, state minimum-wage changes that affect salary or Nevada daily-overtime cutoffs, or state overtime statute changes.

Faithfulness check

11 claims

Statutory / regulatory

5 claims

Operational synthesis

2 claims

The practical payroll question is which employee, in which state, worked which hours

Appears in
Opening
Source (primary)
Research: Overtime laws by state
Verified
May 27, 2026
Notes

Accurate synthesis of the article's state, exemption, workweek, and regular-rate dependencies.

Current statutory / agency guidance

2 claims

Current agency guidance

1 claim

Worked example

1 claim

Surface-scope accuracy

1 claim

Sources

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

  1. 1.Research: Overtime laws by state
  2. 2.https://www.dol.gov/agencies/whd/fact-sheets/23-flsa-overtime-pay
  3. 3.https://www.law.cornell.edu/uscode/text/29/207
  4. 4.https://www.dir.ca.gov/dlse/faq_overtime.htm
  5. 5.https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=510
  6. 6.https://www.dir.ca.gov/DIRNews/2025/2025-118.html
  7. 7.https://labor.alaska.gov/lss/whact.htm
  8. 8.https://www.leg.state.nv.us/nrs/nrs-608.html
  9. 9.https://labor.nv.gov/uploadedFiles/labornvgov/content/Wages/25.06.23%20Annual%20Bulletin%20-%20Daily%20Overtime.pdf
  10. 10.https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=32049
  11. 11.https://www.dol.gov/agencies/whd/fact-sheets/17a-overtime
  12. 12.https://www.dol.gov/newsroom/releases/whd/whd20260514
  13. 13.https://www.law.cornell.edu/cfr/text/29/part-778
  14. 14.https://www.law.cornell.edu/cfr/text/29/778.115
  15. 15.https://law.justia.com/cases/california/supreme-court/2018/s232607.html
  16. 16.https://www.dol.gov/agencies/whd/fact-sheets/7-flsa-state-local-government
  17. 17.Tool: State overtime calculator
  18. 18.https://www.law.cornell.edu/cfr/text/29/778.105
  19. 19.https://www.law.cornell.edu/cfr/text/29/778.104

Check our work

Every claim above links to the source we used. Open any source to compare the wording here with the underlying rule, guidance, court opinion, or product behavior.

If a source has changed or a claim looks wrong, tell us. We would rather correct the page than leave a stale answer online. See how we fact-check.

About Clockspot

Clockspot helps small businesses track employee time and keep payroll-ready records. Used in all 50 states since 2007, we focus on getting time and pay right — including the wage-and-hour rules that shape both.

We build Clockspot for the same reason we publish these reports: time records should be understandable, reviewable, and tied to the rules that affect payroll. See how Clockspot works.