Overtime, Breaks & Wage and Hour Violations (2023)

Alabama

Alabama Dept of Labor

Alaska

1.5 rate for more than 8 hours per day or
40 hours per week

Double amount of unpaid wages

2 years for minimum wage and overtime violations; 3 years for straight time and benefits violations

Alaska Wage and Hour
Act

Dept of Labor and Workforce Development

Arizona

Triple

1 year

Arizona Wage Law

The Industrial Commission of Arizona

Arkansas

1.5 rate for more than 40 hours per week

Nursing (unpaid)

Double amount of unpaid wages

3 years

Arkansas Code Title 11

Arkansas Department of Labor

California

1.5 rate for more than 8 but less than 12 hours per day or 40 hours per week,
Double rate for more than 12 hours per day or more than 8 hours on the seventh consecutive work day.

Unpaid 30 minute meal break per 5 hours of work. Paid 10 minute rest break per 4 hours of work

Double amount of unpaid wages
Triple if not paid within 10 days
of ruling

3 years

California Labor Code

Industrial Welfare Commission
Division of Labor Standards Enforcement

Colorado


1.5 rate for more than 40 hours per week
or 12 hours per day

Unpaid 30 minute meal break per 5
hours of work. Paid 10 minute rest
break per 4 hours of work

2 years

Colorado Wage Claim
Act

Colorado Department of Labor and
Employment

Connecticut

1.5 rate for more than 40 hours per week

Unpaid 30 minute meal break for
shifts of 7.5 hours or more

Double amount of unpaid wages

2 years

Connecticut General
Statutes, Title 31, Ch. 558

Connecticut Department of Labor,
Wage and Workplace Standards
Division

Delaware

Unpaid 30 minute meal break for
shifts of 7.5 hours or more (must be after first two hours a before last two hours of shift)

Double

10.5 months

Wage Payment and
Collection Act

Delaware Department of Labor

DC

1.5 rate for more than 40 hours per week

3 years

Wage Payment Act

District of Columbia Council, Wage and
Hour Office

Florida

Double amount of unpaid wages

2 years

Labor Pool Act

Georgia

Double amount of unpaid wages

3 years

Georgia Department of Labor

(Video) New Department of Labor Overtime Rule- HR Minute

Hawaii

At least 1.5 rate for more than 40 hours
per week

Unpaid wage plus 6 percent interest

6 years

Wage and Hour Law;
Payment of Wages and
other Compensation Law

Hawaii Department of Labor and
Industrial Relations

Idaho

Triple amount of unpaid wages

2 years

Idaho Wage Act

Department of Labor

Illinois

1.5 rate for more than 40 hours per week


Unpaid 20-minute meal break for shifts 7.5 hours or longer no later than 5 hours into the shift

Unpaid wages plus 2 percent for each
month of underpayment

1 year

Wage Payment and
Collection Act, Minimum Wage Law, One Day Rest in Seven Act

Illinois Department of Labor

Indiana

1.5 rate for more than 40 hours per week

Double amount of unpaid wages

3 years

Indiant Wage Payment
Statute, Wage Claim
Statute

Indiana Department of Labor

Iowa

5 percent of unpaid wages each day capped at total amount of unpaid wages

2 years

Iowa Wage Payment
Collection Act

Division of Labor Services

Kansas

1.5 rate for more than 46 hours per week

1 percent of unpaid wages per day
(excluding Sundays and holidays)
up to the total of unpaid wages

3 years

Kansas Wage Payment Act
and Kansas Minimum Wage and Maximum Hours Law

Kansas Department of Labor

Kentucky

1.5 rate for more than 40 hours per week

Paid 10-minute rest break for
every 4 hours worked. Unpaid
'reasonable meal period' no sooner than 3rd hour or later than 5th hour worked

Double amount of unpaid wages

6 months

Kentucky Revised Statutes
Chapters 336, 337, 339 & 343

Kentucky Labor Cabinet

Louisiana

90 days of wages or full wages
from the time of the employee's demand for payment, whichever is lesser

3 years

Wage Payment Act

Louisiana Workforce Commission

Maine

1.5 rate for more than 40 hours per week

30-minute rest or meal break
(paid or unpaid) when working 6 or more consecutive hours

Double amount of unpaid wages

6 years

Maine Employment Practices Law

Maine Bureau of Labor Standards

Maryland

1.5 rate for more than 40 hours per week

15-minute break for retail
workers working more than 4 consecutive hours, 30-minute break for working 6 consecutive hours, additional 15-minute break for 8 consecutive hours

Triple amount of unpaid wages

(Video) Avoiding Common Wage and Hour Violations

3 years

Maryland Wage and Hour Law and Wage Payment and Collection Law

Department of Labor and Industry

Massachusetts

1.5 rate for more than 40 hours per week

30-minute unpaid meal break within the first 6 hours of work

Triple amount of unpaid wages

3 years

Massachusetts General Laws Chapters
151 and 149

Office of the Attorney General and the
Division of Occupational Safety

Michigan

1.5 rate for more than 40 hours per week

Difference between wages paid and wage owed and equal amount liquidated damages

3 years

Payment of Wages and Fringe Benefits Act and the Workforce Opportunity Act

Wage and Hour Division

Minnesota

1.5 rate for more than 48 hours per week

Sufficient time to use the restroom within 4 consecutive hours of work. Sufficient time to eat a meal for eight of more consecutive hours of work

Double amount of unpaid wages

2 years

Minnesota Fair Labor Standards Act and Minnesota Payment of Wages Act

Minnesota Department of Labor and Industry's Division of Labor Standards and Apprenticeship

Mississippi

Only the amount of lost wages

Mississippi Employment Security Commission

Missouri

1.5 rate for more than 40 hours per week

Double amount of unpaid wages

2 years

Missouri Code Regulation Annotated, Title 8, Division 30, Chapter 4

Division of Labor Standards

Montana

1.5 rate for more than 40 hours per week

110 percent of wages due and unpaid

2 years
(must be filed within 180 days)

Montana Minimum Wage and Overtime Compensation Act

Montana Labor Standards Bureau, Wage and Hour Unit

Nebraska

Employees in assembly plants,
workshops, or mechanical establishments must be given a 30-minute break for each 8-hour shift

Amount equal to unpaid wages, double if the employer committed a willful violation

2 years, 3 for willful violation by employer

Wage Payment and Collection Act and the Wage and Hour Act

Commissioner of Labor

Nevada

1.5 rate for more than 8 hours per day or
40 hours per week (workers earning one and one-half times minimum wage are exempt from daily OT rule)

2 years

Nevada Revised Statute Chapter 608

Office of the Labor Commissioner of the Nevada Department of Business and Industry

New Hampshire

1.5 rate for more than 40 hours per week

30-minute meal break for shifts more
than 5 consecutive hours

3 years

New Hampshire Revised Statute Title XXIII, chapter 275-279

New Hampshire Department of Labor

New Jersey

1.5 rate for more than 40 hours per week

2 years

(Video) Meal and Rest Breaks, Overtime In The Workplace

New Jersey Wage Payment Law, New Jersey Wage and Hour Law, New Jersey Wage Collection Law

New Jersey Department of Labor and Workforce

New Mexico

1.5 rate for more than 40 hours per week
for employees covered by the Minimum Wage Act

Double amount of unpaid wages

3 years

New Mexico Codified Statutes Ch. 50, Art.1

Workforce Solutions Department

New York

1.5 rate for more than 40 hours per week

Factory workers must receive one hour
meal breaks, others 30-minute breaks for shifts more than 6 hours between 11am and 2pm

Full amount of wages owed

6 years

New York Labor Law

Department of Labor Standards

North Carolina

1.5 rate for more than 40 hours per week

Double amount of unpaid wages

2 years

North Carolina Wage and Hour Act

Labor Standards Bureau

North Dakota

1.5 rate for more than 40 hours per week

30-minute unpaid meal break for shifts exceeding 5 hours

Interest on unpaid wages, double if
employer has been liable for two previous wage claims, triple if three or more in one year

2 years

North Dakota Century Code 34

Department of Labor and Human Rights

Ohio

1.5 rate for more than 40 hours per week

2 years

Ohio Revised Code, Chapter 4111

Ohio Department of Commerce, Wage and Hour Bureau

Oklahoma

Double amount of unpaid wages

Oklahoma Protection of Labor Act

Commissioner of Labor

Oregon

1.5 rate for more than 40 hours per week

30-minute unpaid meal break for work
periods exceeding 6 hours, 10-minute rest break (paid) for each four-hour segment of work

2 years

Oregon Revised Statute 651

Oregon Bureau of Labor and Industries, Wage and Hour Division

Pennsylvania

1.5 rate for more than 40 hours per week

25 percent of the total wages due or $500
whichever is greater

3 years

Pennsylvania Code Title 34, Part XII

Pennsylvania Department of Labor and Industry, Bureau of Labor Law Compliance

Rhode Island

1.5 rate for more than 40 hours per week

Unpaid 30-minute meal break for 8 hours shifts, 20-minute unpaid meal break for 6-hour shift

Double the amount of unpaid wages

3 years

Rhode Island Payment of Wages Act

Rhode Island Department of Labor and Training

South Carolina

Triple amount of unpaid wages

(Video) Unlawful Workplace Violations: How Employers Violate The Laws

3 years

South Carolina Code Chapters 10 and 13

South Carolina Department of Labor, Licensing and Regulation

South Dakota

Double amount of unpaid wages if employer has been 'oppressive, fraudulent, or malicious'

2 years

South Dakota Codified Laws Title 60, Ch. 5

South Dakota Department of Labor and Regulation

Tennessee

30-minute unpaid rest or meal break if scheduled to work six consecutive hours (nongovernmental employers with five or more employees)

1 year

Tennessee Wage Protection Act

Tennessee Department of Labor and Workforce Development

Texas

2 years

Texas Pay Day Act

Texas Workforce Commission

Utah

5 percent of unpaid wages daily until paid not to exceed 20 days

1 year

Utah's Payment of Wages Act

Utah Labor Commission, Division of Antidiscrimination

Vermont

1.5 rate for more than 40 hours per week

Reasonable opportunities to eat and use
the restroom, unpaid if less than 30 minutes

Double the amount of unpaid wages

2 years

Vermont Statute Title 21, Chapter 5

Vermont Department of Labor

Virginia

Unpaid wages plus 8 percent per year from the date wage should have been paid

3 years

Vermont Statute Title 21, Chapter 5

Virginia Department of Labor and Industry

Washington

1.5 rate for more than 40 hours per week

30-minute unpaid meal break for working more than 5 consecutive hours. 10-minute rest period for each four hours of working time, paid.

Double the amount of unpaid wages

3 years

Washington Minimum Wage Act, Industrial Welfare Act, Standards of Labor regulations

Washington Department of Labor, Industries Department

West Virginia

1.5 rate for more than 40 hours per week

20-minute meal break for employees
working at least a 6-hour shift

Double the amount of unpaid wages

2 years

West Virginia Wage Payment and Collection Act, West Virginia Minimum Wage and Maximum Hours Act

West Virginia Division of Labor

Wisconsin

1.5 rate for more than 40 hours per week

Recommended: 30-minute meal break for shifts of 6 or more hours

50 percent of amount of lost wages

2 years

Wisconsin Statutes Chapter 104

Department of Workforce Development

Wyoming

2 years

Wyoming Statues Title 27

(Video) Top 10 Questions Employees Ask About Wage and Hour Law | Tully Rinckey PLLC

Wyoming Department of Workforce Services

FAQs

Can you be disciplined for not turning up for overtime? ›

If your contract says you have compulsory overtime but it's 'non-guaranteed', your employer doesn't have to offer overtime. But if they do, you must accept and work it. Your employer could take disciplinary action or dismiss you if you don't do the overtime you've agreed to.

Can overtime be taken away? ›

Unless your contract guarantees you overtime, your employer can stop you working it. But your employer must not discriminate against you, or bully you, by letting others work overtime while denying you the opportunity.

What is ot break? ›

When an employee is required to work overtime two (2) or more hours beyond the end of the shift, they, at the employee's discretion, may take a fifteen (15) minute paid break before beginning the overtime shift. Sample 1Sample 2Sample 3See All (21) Overtime Break.

What effect does overtime have on employees? ›

Excessive overtime can interfere with an employee's ability to get adequate sleep, which can lead to health problems for the employee and safety and quality problems on the job. If the overtime is prolonged, it may create an overtime-dependent workforce, higher absenteeism and lower productivity.

How much notice does my employer have to give me to change my hours? ›

The notice period for the change to working hours must also be agreed with the employee in advance of any change being imposed. The general rule here is that you must provide a minimum of one week's notice for each completed year of service and at least the same amount of notice if you were dismissing the employee.

Can an employer force you to do overtime? ›

Can I Refuse to Work Overtime? In most cases, yes. An employer can only force you to work overtime if your contract says so. Even if it does, they cannot force you to work more than an average of 48 hours per week.

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