Vermont Overtime State Law 2026

Vermont continues to align its state overtime framework with the federal Fair Labor Standards Act (FLSA). For 2026, the statewide minimum wage increased and federal updates to the white-collar salary thresholds took effect, both of which can affect overtime eligibility and payroll math. Vermont also published its 2026 prevailing wage schedule for state construction projects. 

Overview of Vermont Overtime Laws

Vermont overtime laws follow the federal Fair Labor Standards Act (FLSA) in determining overtime, but it has some unique provisions:

• Standard Overtime Rate: Non-exempt employees must be paid 1.5× their regular rate for all hours worked over 40 in a workweek. 
• No Daily Overtime Rule: Vermont does not mandate overtime after a set number of hours in a day; the trigger is weekly.
• No Double Time Rule: Vermont law does not require double-time pay.
• Agricultural Workers: State law excludes agricultural employees from Vermont’s minimum wage and overtime provisions (FLSA may still impose separate requirements).
• Leave Hours: Paid leave (vacation, sick, holiday) does not count toward the 40-hour overtime threshold; only “hours worked” are counted under FLSA. 

The following table summarises the key provisions affecting overtime calculations across Vermont.

These updates reinforce Vermont’s wage-and-hour baseline, while federal changes may newly qualify some salaried employees for overtime. Employers should check both state law and the latest federal thresholds. 

Eligibility for Overtime

Not every worker in Vermont is automatically eligible for overtime. State and federal rules distinguish between non-exempt and exempt workers:

Non-Exempt Employees:

Eligible for overtime after 40 hours in a workweek, regardless of pay method. 

Exempt Employees (FLSA “white-collar” exemptions):

Must satisfy both a duties test and the current federal salary threshold. Common exempt categories include:

• Executive
• Administrative
• Professional
• Outside sales
• Certain computer professionals

(See 29 CFR Part 541 and DOL’s 2024 final rule raising the salary levels noted above.

Industry-Specific Exceptions under Vermont law (employees not covered by the state overtime requirement):

• Retail or service establishments (as defined in statute). 
• Seasonal amusement or recreational establishments meeting statutory tests.
• Hotels, motels, or restaurants.
• Certain health-care facilities using the 8/80 system if the employer elects and conditions are met (overtime after >8/day or >80/biweekly).  
• Transportation employees to whom the FLSA overtime provisions do not apply (others in the same business remain covered).  
• Employees of the State (covered by FLSA) and political subdivisions; permanent employees of the General Assembly.Vermont Federal vs. State Overtime Rules

Vermont Federal vs. State Overtime Rules

Example: If an employee works 45 hours in a week at $20/hour

• Federal law: 40 × $20 = $800, plus 5 × ($20 × 1.5) = $150. Total = $950.
• Vermont law: Same calculation, since state overtime is triggered after 40 hours in a workweek. 

Example:

• A retail worker in Vermont who works 50 hours must be paid 10 hours of overtime at 1.5× unless a specific statutory exception applies.  
• An agricultural worker may be outside Vermont’s state overtime requirements; federal coverage depends on FLSA rules and exemptions.

Exemptions in Vermont

Vermont statute exempts several categories of workers from the state overtime requirement, some of which overlap with federal law:

• Employees of retail or service establishments meeting the statutory definition
• Employees of hotels, motels, or restaurants
• Employees of certain seasonal amusement or recreational establishments
• Certain hospital, public health center, nursing home, maternity home, therapeutic community residence, and residential care home employees where the employer elects the biweekly system and pays overtime above 8/day or 80/biweekly
• Certain transportation employees to whom FLSA overtime does not apply
• State employees covered by FLSA and employees of political subdivisions; permanent employees of the Vermont General Assembly

Separately, under federal law, bona fide executive, administrative, and professional employees, outside salespersons, and certain computer professionals may be exempt when both duties and salary thresholds are met.

Employer Obligations and Employee Rights

Vermont employers must follow these wage-and-hour rules:

• Timely payment: Wages (including overtime) must be paid weekly unless the employer provides proper notice for biweekly or semimonthly pay; strict timing rules apply.
• Recordkeeping: Employers must maintain true and accurate records of hours worked and wages paid and furnish statements as required.
• Wage claims: Employees (or the Department) may file a complaint for unpaid wages; Vermont sets procedures and timelines for such claims. 
• Penalties: Statutes authorize forfeitures and other penalties for noncompliance.

Employers may not retaliate against workers for asserting wage-and-hour rights (including complaints to the Commissioner of Labor).