Time clock laws by state
Overtime thresholds, meal and rest breaks, penalties and record retention — the rules an hourly employer is judged on.
States with rules beyond federal law
These nine states add requirements on top of the federal 40-hour week. If you operate in one of them, the state rule is the one that binds you.
* Nevada’s daily overtime applies only to employees earning below 1.5× the state minimum wage, so it depends on the individual’s pay rate.
Everywhere else: federal law applies
In the other 41 states there is no state overtime threshold beyond the federal one: time and a half after 40 hours in a workweek, no daily overtime, and no state-mandated meal break. Federal law requires records be kept for three years — but because employees move and claims arrive late, keeping longer is the safer position.
Cities and counties can add their own rules on top of any of this, which is the part most often missed. Check yours with counsel.
Frequently asked questions
Which states have daily overtime?
California and Alaska require time and a half after 8 hours in a day, and Colorado after 12. California adds double time after 12 hours and premium pay on a seventh consecutive workday. Nevada has a daily rule that applies only to employees earning below 1.5× the state minimum wage.
Which states make you pay a penalty for a missed break?
California is the one that matters most: a missed or shortened meal or rest break owes the employee one extra hour of pay at their regular rate for that workday. It is wages, not a fine, so it compounds with interest and penalties if unpaid.
How long should I keep employee time records?
Federal law says three years. New York and New Jersey say six, the longest of any state. ClockAll keeps 6 years for every customer rather than making it a setting you have to get right, and warns admins 30 days before anything is due to age out.
Do these rules apply to salaried employees?
Overtime rules apply to non-exempt employees, which includes most hourly staff and some salaried ones. Paying a salary does not by itself make someone exempt — the job duties and a minimum salary threshold both have to be met. Misclassification is one of the most common wage-and-hour findings.
Let the software know the rules
Set each location’s state once. Overtime, double time, break penalties and retention are handled from there.