Official Sources & Statutory Methodology
Our calculation software translates publicly enacted federal and state labor statutes into deterministic, testable calculation models. Here is how we verify statutory sources, enforce human review gates, and model wage orders.
Our Calculation Methodology
Unlike generative language tools or unverified online calculators, OvertimePayRate.com models statutory labor rules as structured, deterministic data with immutable mathematical assertions:
1. Versioned Effective Dates
Rules are anchored to statutory calendar boundaries (`effective_from` / `effective_until`). Historical pay periods resolve rules that were legally active on that specific date.
2. Fail-Closed Precedence
Statutory precedence resolves hierarchically: State Occupation > State General > Federal Occupation > Federal Baseline. Incompatible or overlapping rule versions fail closed.
3. Human Review Release Gate
AI systems are strictly prohibited from autonomously publishing legal rules. All rules require human review, official statutory verification, and golden calculation test suites.
Zero Autonomous Rule Publishing Policy
No statutory rule version or threshold change can move to published status without meeting rigorous quality gates:
- An official government source URL and statutory citation must be attached.
- The source domain must pass official government domain verification (`.gov`, `.state.*.us`, `.mil`).
- Effective dates must be validated for chronological integrity without gaps or invalid overlaps.
- Deterministic calculation fixtures must pass automated regression testing in strict TypeScript.
- A designated human reviewer must audit the legislative or regulatory text prior to publishing.
Audited Official Government Sources
Every modeled jurisdiction references authoritative sources from state labor departments or legislative codes:
Fair Labor Standards Act — Maximum Hours
U.S. Department of Labor (Wage and Hour Division)
FLSA Section 7(j) Healthcare 8 and 80 Alternative Scheduling
U.S. Department of Labor (Wage and Hour Division)
WHD Fair Labor Standards Act Reference Portal
U.S. Department of Labor (Wage and Hour Division)
California Labor Code Section 510 — Day’s Work and Overtime
California State Legislature
California DIR / DLSE Overtime Laws Overview
California Department of Industrial Relations (DIR)
California IWC Order No. 5-2001 (Public Housekeeping Industry)
California Department of Industrial Relations
Colorado COMPS Order / Overtime & Wage Regulations
Colorado Department of Labor and Employment (CDLE)
Colorado Wage and Hour Laws Portal
Colorado Department of Labor and Employment (CDLE)
New York State Department of Labor — Minimum Wage & Overtime
New York State Department of Labor (NYSDOL)
New York State Overtime Frequently Asked Questions (Official NYSDOL Guidance)
New York State Department of Labor (NYSDOL)
Alaska Wage and Hour Act (AS § 23.10.050 - 23.10.150) — Overtime Pay Requirements
Alaska Department of Labor and Workforce Development
Alaska Wage and Hour Administration Portal
Alaska Department of Labor and Workforce Development
Nevada Overtime Standards & Federal FLSA Baseline
U.S. Department of Labor (Wage and Hour Division)
Default U.S. Government Overtime Hours Reference
U.S. Department of Labor (Wage and Hour Division)
Oregon Bureau of Labor and Industries (BOLI) Overtime Regulations
Oregon Bureau of Labor and Industries (BOLI)
Oregon Bureau of Labor and Industries Workplace Rights Portal
Oregon Bureau of Labor and Industries (BOLI)
Model Assumptions & Known Limitations
To prevent misunderstanding or improper reliance, we explicitly document what is modeled versus what is not modeled by this calculator:
What Is Modeled
- Federal FLSA baseline 40-hour weekly standard (29 U.S.C. § 207).
- California Labor Code § 510 daily overtime (after 8h), double-time (after 12h), 7th consecutive day rules, and workweek start shifts.
- Colorado COMPS Order #40 Rule 4.1 "greater-of" standard (12h daily or 40h weekly).
- New York 40h weekly overtime and spread-of-hours pay (Hospitality unconditional vs General wage offset credit under 12 NYCRR Part 142/146).
- Alaska AS § 23.10.060 8h daily, 40h weekly, and small employer (<4 employees) exemption.
- Nevada NRS § 608.018 daily overtime for workers earning < 1.5× state minimum wage ($18.00/hr) and mutual 4×10 agreements.
- Oregon ORS § 653.261 40h weekly general standard, ORS § 652.020 10h daily manufacturing/mill overtime, and 13h daily shift limit caveat.
- Healthcare 8/80 14-day alternative work schedule agreements under 29 U.S.C. § 207(j).
- Versioned statutory exempt salary thresholds (2020–2026).
- Standard salaried non-exempt regular rate normalization under 29 C.F.R. § 778.113. The engine uses exact algebra rather than the rounded coefficient shortcuts printed in WH-1340.
What Is Not Modeled (Limitations)
- Collective Bargaining Agreements (CBAs): Union contracts and alternative scheduling agreements outside statutory defaults.
- Municipal Ordinances: City/county minimum wage or scheduling ordinances (e.g. San Francisco, Seattle, Chicago).
- Unusual Pay Structures: Piece-rate compensation, tip credits, commissions, or discretionary vs non-discretionary bonus adjustments to regular rate.
- Fluctuating Workweek Method: Federal regulations describe a fluctuating-workweek method for determining overtime compensation when its applicable conditions are satisfied (29 C.F.R. § 778.114; DOL Form WH-1340). State law may impose additional or different requirements (for example, California Labor Code § 515(d) establishes that salaried non-exempt employees must have their regular rate divided by 40 hours rather than a 0.5× fluctuating workweek approach). This calculator applies standard fixed-workweek salary normalization under 29 C.F.R. § 778.113.
- Continuous Overnight Shifts: Shifts exceeding consecutive daily thresholds spanning midnight across separate calendar days (e.g. Colorado 12-consecutive-hour overnight rule).
- Phased Industry Rules: Specialized rules such as Oregon phased agricultural overtime (HB 4002) or domestic worker wage orders.
- Fallback Jurisdictions: The remaining 45 jurisdictions currently fall back to the federal FLSA 40h weekly baseline pending dedicated statutory modules.
OvertimePayRate.com is an independent informational utility and is not affiliated with, endorsed by, or operated by the U.S. Department of Labor or any state government labor agency. Calculations are mathematical estimates for educational purposes and do not constitute formal legal advice, tax advice, or binding payroll wage determinations. Consult a licensed employment attorney or state labor commissioner for individual legal guidance.