How Overtime Is Calculated in California: Daily, Weekly and the 7th Day
Federal law only counts the week. California also counts the day, and adds double time. Here is how it adds up.
In California, non-exempt employees earn 1.5× their regular rate after 8 hours in a workday or 40 hours in a workweek, and 2× after 12 hours in a workday. On the 7th consecutive day worked in a workweek, the first 8 hours are paid at 1.5× and anything beyond at 2×.
Daily vs. weekly overtime
California Labor Code 510 sets two overtime triggers, and you get whichever gives you more for each hour (never both on the same hour):
- Daily: hours over 8 in one workday are paid at 1.5×.
- Weekly: hours over 40 in one workweek are paid at 1.5×. Hours already paid as daily overtime don't count again toward the 40.
So four 10-hour days (40 hours) still earn 8 hours of daily overtime under a standard schedule, even though the weekly total is only 40.
Double time
Hours over 12 in a single workday are paid at twice the regular rate. California is one of very few states with a double-time requirement.
The 7th consecutive day
If you work all seven days of a workweek, the seventh day has its own rule: the first 8 hours are paid at 1.5×, and any hours past 8 on that day at 2×. It applies only when you work every day of the employer's defined workweek, not seven days in a row across two workweeks.
Worked example
You earn $25 an hour and work a 13-hour day: 8 hours × $25 + 4 hours × $37.50 + 1 hour × $50 = $400 for the day.
Your "regular rate" may be higher than your hourly wage
Overtime is paid on the regular rate of pay, not just the base hourly wage. Nondiscretionary bonuses (for attendance, production or hitting targets), shift differentials, and piece-rate and commission earnings are folded in. If you earn a bonus, your overtime hours for that period should be paid at a higher rate than 1.5× your base wage.
Alternative workweek schedules
An employer can adopt an alternative workweek, such as four 10-hour days, through a secret-ballot vote in which at least two-thirds of the affected employees approve, following the procedures in the Industrial Welfare Commission wage orders. Under a valid schedule, daily overtime starts after the scheduled shift (up to 10 hours) instead of after 8. Without a properly adopted schedule, the 8-hour rule applies.
Who isn't owed overtime
"Exempt" employees are not entitled to overtime. For the common executive, administrative and professional exemptions, an employee must meet a duties test and earn a salary of at least twice the state minimum wage for full-time work: $70,304 a year at the current $16.90 minimum wage. A job title or being paid a salary does not by itself make someone exempt. Check with the exempt salary threshold calculator.
Calculate a day's pay
Use the Daily Overtime Calculator to split any workday into regular, 1.5× and 2× hours, including the 7th-day rule.
Frequently Asked Questions
How is overtime calculated in California?
Non-exempt employees get 1.5 times their regular rate for hours over 8 in a workday or over 40 in a workweek, and 2 times their regular rate for hours over 12 in a workday. The 7th consecutive day of work in a workweek has its own rule: 1.5 times for the first 8 hours and 2 times after that.
Does California pay overtime after 8 hours a day?
Yes. Unlike federal law, California requires daily overtime after 8 hours in a workday, even if you work fewer than 40 hours that week, unless you work under a validly adopted alternative workweek schedule.
What counts toward the regular rate for overtime?
Hourly wages plus nondiscretionary pay such as production or attendance bonuses, shift differentials, commissions and piece-rate earnings. Discretionary gifts and expense reimbursements are excluded.
Can my employer give me comp time instead of overtime pay?
Generally no for private-sector employees in California. Overtime must be paid in wages. A limited make-up time arrangement for personal obligations is allowed under specific rules, but it is not the same as comp time.
Are salaried employees entitled to overtime in California?
Yes, unless they are exempt. To be exempt under the common white-collar exemptions, an employee must earn at least twice the state minimum wage for full-time work and primarily perform exempt duties.
This article is for general information only and is not legal advice. Wage orders, industry rules and union contracts can change how overtime is calculated. Contact the Labor Commissioner (DLSE) or an employment attorney about your situation.