Under Vermont overtime laws you earn after 40 hours in a workweek at 1.5 times the regular rate, and no daily overtime in Vermont — only the weekly total counts. The minimum wage is $14.42 (employers of 2 or more). This guide gives the exact vermont overtime laws rule with the date we verified it, the statute, and what to do next.
Rules verified against Vermont Department of Labor, Wage and Hour Program on 2026-10-08; confirm the current rule with Vermont Department of Labor, Wage and Hour Program or an attorney before you rely on it.
Vermont Overtime Laws at a Glance
| Minimum wage | $14.42 (employers of 2 or more) |
| Weekly overtime | After 40 hours in a workweek at 1.5 times the regular rate |
| Daily overtime | No daily overtime in Vermont — only the weekly total counts |
| Rate | 1.5 times the regular rate (double time only where the row says so) |
| State overtime statute | Yes |
In This Vermont Overtime Laws Guide:
Vermont Overtime Laws: The Rules
After 40 hours in a workweek at 1.5 times the regular rate. No daily overtime in Vermont — only the weekly total counts. The overtime rate is one and a half times your regular rate of pay — the regular rate includes non-discretionary bonuses and shift differentials, not just the base wage.
How to Calculate Overtime Under Vermont Overtime Laws
Take your total pay for the week, divide by the hours you worked to get the regular rate, and multiply the overtime hours by 1.5 times that rate. A worker paid $14.42 an hour who works 48 hours in a 40-hour state is owed 8 hours at time and a half.
Salary does not mean exempt: a salaried worker below the exemption tests still gets overtime on the hours over the threshold.
Vermont Overtime Laws at a Glance
Rules verified against Vermont Department of Labor, Wage and Hour Program on 2026-10-08; confirm the current rule with Vermont Department of Labor, Wage and Hour Program or an attorney before you rely on it. The statute row is where to check it yourself.
| Minimum wage | $14.42 (employers of 2 or more) |
| Weekly overtime | After 40 hours in a workweek at 1.5 times the regular rate |
| Daily overtime | No daily overtime in Vermont — only the weekly total counts |
| Rate | 1.5 times the regular rate (double time only where the row says so) |
| State overtime statute | Yes |
Who Is Exempt From Vermont Overtime Laws
Vermont generally does not require overtime for bona fide executive, administrative and professional employees, and outside salespeople are also commonly exempt. To count as exempt, a worker usually must be paid a set salary and do mainly exempt duties. Vermont has no salary test of its own, so the federal FLSA salary test generally applies. A job title alone does not make someone exempt.
Daily Overtime and Vermont Overtime Laws
Vermont has no daily overtime rule: a 12-hour day in a 36-hour week earns no premium, because only the weekly total counts. Vermont law has no rule letting private employers give comp time instead of overtime pay. Under the federal FLSA, private employers generally must pay overtime in cash, and paid time off in place of overtime is generally limited to public employers.
Is Overtime Taxed Differently Under Vermont Overtime Laws?
No — overtime is ordinary wages and is taxed at the same income-tax rates as the rest of your pay; it can push more of your pay into a higher withholding bracket on one check, but the annual tax rate does not change. Vermont lets employers count part of a tipped service worker’s tips toward the minimum wage.
Under federal rules, overtime for a tipped worker is generally 1.5 times the full minimum wage, minus the same tip credit the employer takes for regular hours. Many restaurant and hotel jobs are left out of Vermont’s overtime law, so federal law usually decides overtime for those workers.
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How to Claim Unpaid Overtime Under Vermont Overtime Laws
A Vermont worker can file a wage claim for unpaid overtime with the Vermont Department of Labor’s Wage and Hour Program, either through its online wage claim form or a paper Wage Claim Form, and no attorney is needed. A worker whose job is left out of Vermont’s overtime law can file instead with the U.S.
Department of Labor’s Wage and Hour Division under the federal Fair Labor Standards Act (FLSA). The Department will only act on claims filed within its filing deadline, which runs from the date the wages were due, so file soon and confirm the deadline with the agency.
Other Vermont Overtime Laws Rules to Know
Vermont’s overtime law (21 V.S.A. § 384(b)) leaves out several whole types of employers, including retail and service businesses and hotels, motels and restaurants. Workers in those jobs may still be owed overtime under the federal FLSA, so check with the U.S. Department of Labor’s Wage and Hour Division before assuming no overtime is owed.
Think you are owed overtime? The wage-claim agency takes the complaint for free.
Vermont — the bottom line
- Vermont overtime laws start the premium after 40 hours in a workweek at 1.5 times the regular rate — count the week, not the day.
- Under vermont overtime laws the rate is 1.5 times the regular rate, and the regular rate includes your bonuses and differentials.
- Vermont overtime laws are enforced by a free wage claim — you do not need a lawyer to recover unpaid overtime.
Frequently Asked Questions
When do I get overtime under Vermont overtime laws?
After 40 hours in a workweek at 1.5 times the regular rate. No daily overtime in Vermont — only the weekly total counts.
What is the overtime rate in Vermont?
One and a half times your regular rate of pay, which includes non-discretionary bonuses and shift pay.
Does Vermont have daily overtime?
No daily overtime in vermont — only the weekly total counts.
Can my employer give comp time instead of overtime pay in Vermont?
Vermont law has no rule letting private employers give comp time instead of overtime pay.
How do I claim unpaid overtime in Vermont?
A Vermont worker can file a wage claim for unpaid overtime with the Vermont Department of Labor’s Wage and Hour Program, either through its online wage claim form or a paper Wage Claim Form, and no attorney is needed.
Official Vermont Sources & Resources
- Vermont Department of Labor, Wage and Hour Program: https://labor.vermont.gov/wage-and-hour
- Vermont statute: https://legislature.vermont.gov/statutes/section/21/005/00384
- Verified source: https://www.dol.gov/agencies/whd/minimum-wage/state
- U.S. Department of Labor, Wage and Hour Division — state payday requirements: dol.gov
This vermont overtime laws guide was last verified against official Vermont sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
More Vermont Workplace Rights Guides
- Vermont Break Laws: Meal and Rest Breaks
- Vermont Final Paycheck Law: Deadlines and Penalties
- Vermont Labor Laws: Every Rule in One Place
- Vermont Unemployment Benefits: How Much and How Long
- Unemployment and Workplace Rights Guides for All 50 States
Disclaimer: This guide is general information, not legal or financial advice. My Unemployment Rights is an independent educational resource, not a government agency and not a law firm. Final-paycheck deadlines, penalties and non compete rules change — every figure here carries the date we verified it. Confirm the current rule with your state labor department or a licensed attorney before you act.