Some States Require Daily Overtime — Here's an Example
October 23, 2026
The FLSA itself has no federal daily overtime rule — overtime is based on a 40-hour weekly threshold only. However, individual states can impose additional requirements; California, for example, generally requires overtime pay after 8 hours worked in a single day, on top of the federal weekly standard. This is a specific, state-level rule, not a nationwide requirement.
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An employee in California works a single 10-hour day within an otherwise normal workweek.
- Under California's daily rule: 2 hours of that day (beyond the 8-hour daily threshold) would generally be paid at the overtime rate, even if the employee's total weekly hours don't exceed 40
Why This Can't Be Generalized to Every State
Daily overtime rules are specific to certain states and not a federal requirement — an employee or employer in a different state shouldn't assume this rule applies without confirming that specific state's own labor law, since most states follow only the federal 40-hour weekly standard.
Frequently Asked Questions
Does federal law require daily overtime?
No — the FLSA's overtime rule is based on a 40-hour weekly threshold only, with no federal daily overtime requirement.
Which state is a known example of a daily overtime requirement?
California generally requires overtime after 8 hours in a single day, on top of the federal weekly rule.
Does this California-specific rule apply nationwide?
No — this is a state-specific rule; most states follow only the federal 40-hour weekly standard.
What should someone in a different state check?
That specific state's own labor law, rather than assuming California's daily overtime rule applies elsewhere.