Overtime by state in the payroll export

What it is. Payroll export used to count weekly overtime only: every hour over 40 in a workweek. It now also counts the overtime rules of one state, the State for overtime rules you choose under Download on Payroll export. For that state it counts daily overtime, double time and the seventh consecutive day of work where the state's labor department states such rules, and shows each kind of hour as its own column on the page and in every file. The export counts and flags; it does not decide pay. Your payroll provider and your own rules govern what is paid, and nothing here is advice about the law.

Choosing the state. Under Download, open State for overtime rules and pick the state where your professionals work, then Save the state. Until you pick one, the state in your agency's address is used when it is one of the listed states, and the setting reads Choose one with that state named; with no address state, the export counts weekly overtime only and the page asks you to choose. The choice is saved once for your agency and is recorded in your access log. It applies to every professional on the sheet; there is no per-professional state.

How the hours are counted. Each closed shift's hours are placed on the calendar day they fall on, in your agency's time zone (the zone most of your client homes run on). A shift that crosses midnight is cut at midnight, its paid hours shared between the two days in proportion to the time on each side, and the professional's line is flagged Crossed midnight with the day. Then, workweek by workweek: the state's daily rules split each day's hours into regular, daily overtime and double time; on the seventh consecutive day of work in a workweek, the seventh-day rule applies instead; and the regular hours left over, past 40 in the workweek, are weekly overtime. An hour already counted as daily, double or seventh-day overtime is never counted again toward the 40. A 1099 contractor has no overtime of any kind; every hour is a plain hour.

California, worked out. California's Division of Labor Standards Enforcement states: over 8 hours in a workday, up to 12, at one and one-half times; over 12 in a workday at double time; over 40 in a workweek at one and one-half times; and on the seventh consecutive day of work in a workweek, the first 8 hours at one and one-half times and hours over 8 at double time. So a 10-hour day is 8 regular and 2 daily overtime. A 13-hour day is 8 regular, 4 daily overtime and 1 double time. Five 8-hour days, then a sixth and a seventh 8-hour day: the sixth day's 8 hours are weekly overtime (the 40 regular hours are used up) and the seventh day's 8 hours are seventh-day overtime. The seventh-day rule applies when the professional worked every one of the workweek's seven days.

The other states. For each of the states the agencies operate in, the table in the app carries what that state's labor department page says, the page's address and the day it was read: South Carolina, North Carolina, Georgia, Maryland, the District of Columbia, Virginia, Michigan, Illinois, Ohio, New York, Pennsylvania, Texas, Louisiana and Minnesota each state a weekly rule, over 40 hours in a workweek at one and one-half times, with no daily rule, so for them the export counts weekly overtime only. A 10-hour day in Texas is 10 regular hours; overtime starts after 40 in the week. Where a state's own weekly number differs for some workers, the table says so and the export still counts 40, the federal number: Minnesota's state law says 48 hours a workweek; New York's residential (live-in) employees 44; Maryland's non-hospital residential care institutions 48. Check those with your payroll.

Could not confirm. For Tennessee, Delaware and Florida the state's own pages did not state the rule plainly when they were read, so the table says could not confirm, no daily rule is counted, and the state's name reads rule not confirmed in the list: Tennessee's Wages and Breaks page does not mention overtime and the department's support article refused the request; Delaware's Division of Industrial Affairs names overtime only as a kind of wage claim; Florida's statutes incorporate the federal rule and name no general daily overtime, though one section calls ten hours a legal day's work for manual labor with extra pay beyond it at no stated rate, and it could not be confirmed that it reaches home care work. For these three the export counts the federal weekly rule, over 40 hours, and nothing else; check with your payroll.

The columns. On the page, each professional's line reads the hours, then weekly overtime, daily overtime, double time and seventh-day overtime where they are above zero, per workweek too. In the files: Gusto's employees file has its own columns, regular_hours, overtime_hours (every hour at one and one-half: weekly, daily and seventh-day overtime together) and double_overtime_hours (double time). ADP RUN's time sheet import has REG and OVT rows only in this layout, so double time rides on the OVT row; if your RUN account has an earnings code for double time, move those hours to it. ADP Workforce Now's paydata batch has Reg Hours and O/T Hours only, so double time rides in O/T Hours the same way. The plain CSV's Overtime hours column is every hour at one and one-half, and when your state has daily rules it adds Weekly overtime hours, Daily overtime hours, Double time hours, Seventh-day overtime hours, Overtime state and Shifts crossing midnight at the end, so a weekly-only agency's file does not change. A 1099 contractor's files carry hours worked only.

Per visit and per point. For a W-2 professional paid per visit or per point, the overtime premium shown on the line is half the piece-rate regular rate on every hour at one and one-half (weekly, daily and seventh-day overtime) plus the whole regular rate on every double time hour. Your payroll computes and pays it.

The companionship exemption. Addendum A of the care agreements carries a Companionship exemption elected line, for Agreement 2 only, a family's own household employee; the answer is saved with the family's signed packet. The payroll export does not read it: the U.S. Department of Labor's Fact Sheet #79A states that third-party employers of direct care workers, such as home care staffing agencies, are not permitted to claim the exemption. If you believe an exemption applies to a professional, your payroll provider handles it.

What is never in a file. The same as the rest of Payroll export: no Social Security number or tax ID, no health detail, no client's last name or address, and no family invoice amount. Nothing is sent to Gusto or ADP from ExpressAgain.