State labor laws

Overtime, breaks and paydays: the rules for hourly employees in every state

Federal law sets the floor. Each state adds its own overtime thresholds, break requirements and pay-frequency rules, and a business with two locations may have to follow two sets. Pick a state below for a plain-English summary and how 9forty5 applies it.

Reviewed September 2026. General information, not legal advice.

Pick your state

Daily overtime preset built in
Daily or 7th-day overtime rules
State meal break requirement
Federal rules apply

The federal floor, everywhere

Overtime

The Fair Labor Standards Act (FLSA) requires 1.5× the regular rate of pay after 40 hours in a workweek for non-exempt employees. Federal law has no daily overtime.

Breaks

Federal law does not require breaks. When an employer offers short breaks (usually 5 to 20 minutes) they must be paid; a bona fide meal period of 30 minutes or more where the employee is fully relieved may be unpaid.

Recordkeeping

Employers must keep accurate records of hours worked each day and each week, wages paid, and the basis of pay. Payroll records are kept for 3 years and the time cards behind them for 2 years.

Rounding

Rounding punches to the nearest 5, 6 or 15 minutes is allowed only when it is neutral over time and does not systematically favor the employer.

Frequently asked

California, Alaska, Nevada and Colorado have general daily overtime rules for private employers, and Oregon applies one to manufacturing. Every other state follows the federal weekly rule of 1.5× after 40 hours.

No. Federal law only says that short breaks, when offered, must be paid, and that a bona fide meal period of 30 minutes or more where the employee is fully relieved may be unpaid. About twenty states add their own meal-break requirement.

It depends on the state. Most require at least semimonthly paydays for hourly employees, several require weekly or biweekly, and a few set no minimum. Each state page lists the rule.

Federal rules require payroll records for 3 years and the time cards and schedules behind them for 2 years. Some states require longer; 9forty5 keeps every punch and edit indefinitely.

A time clock that already knows the rules for the state each site is in.

Pick the overtime preset for a site once. Daily thresholds, double time, seventh-day and the weekly rule are applied as the day is worked, and the payroll file carries each in its own column.