Overtime Violations: Labor Law Risks in 10 States

Failing to pay overtime properly is one of the fastest ways to trigger wage and hour investigations, employee lawsuits, and financial penalties. Under the federal Fair Labor Standards Act (FLSA), non-exempt employees must receive overtime pay at one and one-half times their regular rate for hours worked over 40 in a workweek. However, many states impose additional rules, daily overtime requirements, and stricter enforcement mechanisms.

Below is a practical overview of how overtime violations can create serious consequences in ten major states.

California

California has some of the strictest overtime rules in the country. Employers must pay overtime for hours worked over 8 in a day and double time after 12 hours in a day. Failure to comply can lead to wage claims, waiting time penalties, civil penalties under the Labor Code, and class-action lawsuits under the Private Attorneys General Act (PAGA).

New York

New York follows federal overtime standards but adds strong enforcement through the Department of Labor. Employers who fail to pay overtime may owe back wages, liquidated damages equal to 100% of unpaid wages, interest, and civil penalties.

Texas

Texas primarily follows federal overtime law. However, unpaid overtime can still result in federal Department of Labor investigations, back pay, and liquidated damages. Repeated or willful violations increase liability significantly.

Florida

Florida does not impose daily overtime rules beyond federal law, but employees may file federal claims or civil lawsuits. Employers found in violation may owe double damages plus attorney’s fees.

Illinois

Illinois enforces overtime through both federal and state wage laws. Employees may recover unpaid overtime, damages, and attorney’s fees. Misclassification of employees as “exempt” is a common trigger for litigation.

Pennsylvania

Pennsylvania’s Minimum Wage Act mirrors many federal standards but allows employees to pursue state-level claims. Employers can face back wages, liquidated damages, and court costs.

Massachusetts

Massachusetts enforces wage laws aggressively. Employers who fail to pay overtime can face mandatory treble (triple) damages, regardless of intent. This makes even small payroll mistakes extremely costly.

New Jersey

New Jersey strengthened wage theft laws in recent years. Overtime violations can result in back wages, liquidated damages of up to 200%, and potential criminal penalties for repeat offenders.

Colorado

Colorado requires overtime after 40 hours per week, 12 hours in a day, or 12 consecutive hours regardless of start time. Employers may face fines, back pay, and additional penalties under the Colorado Overtime and Minimum Pay Standards (COMPS) Order.

Washington

Washington State enforces overtime through its Department of Labor & Industries. Employers can be liable for unpaid wages, interest, civil penalties, and double damages in cases of willful noncompliance.

The Financial and Legal Consequences

Across these states, the pattern is clear: unpaid overtime typically results in back wages plus liquidated or double damages. In some states, triple damages apply automatically. Attorney’s fees and court costs are often awarded to employees, making lawsuits financially risky even for small employers.

Preventing Overtime Violations

The most effective prevention strategy is accurate time tracking and clear payroll review. Modern time and attendance systems — including biometric and web-hosted time clocks available through EmployeeTimeClocks.com — can automatically calculate overtime, flag daily thresholds, and generate audit reports before payroll is finalized. These controls reduce manual errors that often lead to violations.