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California overtime rules

In California you earn overtime after 8 hours in a day, not just after 40 in a week — and double time after 12.

Verified against the US Department of Labor.

Your week

Decimal (46.5) or hours and minutes (46:30).

Attendance, production, safety bonuses and shift differentials count. Gifts and reimbursements do not.

California has daily overtimeLabor Code 510. First 8 hours on the 7th consecutive day of a workweek at 1.5x; over 8 hours on that 7th day at 2x. Exceptions apply for alternative workweek schedules.

What you are owed

Regular rate of payBase rate plus bonus, per hour
$25.26
Straight time40.00 hrs at the regular rate
$1,010.43
Overtime6.00 hrs at 1.5×
$227.35
Double timeNone this week
$0.00
Total gross$1,237.78
Your overtime rate is higher than your hourly rate$9.78 more Your regular rate of pay is $25.26, so your overtime rate is $37.89, not $33.00. Paying overtime at $33.00 would leave you $9.78 short this week.
Daily overtime applies hereCalifornia pays overtime after 8 hours in a day. Switch to “Day by day” above — your weekly total may hide overtime you are owed.

The rule in California

In California, hours over 8 in a single workday are paid at 1.5 times your regular rate, and hours over 12 at twice your regular rate. Regular hours over 40 in a workweek are overtime too — but an hour already paid as daily overtime is not counted again toward the 40.

The US Department of Labor's state table adds: “Labor Code 510. First 8 hours on the 7th consecutive day of a workweek at 1.5x; over 8 hours on that 7th day at 2x. Exceptions apply for alternative workweek schedules.”

How daily overtime works

Each workday is checked on its own first. A 10-hour Monday carries 2 overtime hours, even in a week where you work only 26 hours in total.

Then the week is checked. Once your regular hours pass 40, every further hour that week is overtime as well.

On the seventh consecutive day of a workweek the rule tightens: the first 8 hours are time and a half and anything beyond 8 is double time.

What counts toward your regular rate

Overtime is 1.5 times your regular rate of pay: everything you earned for the week at straight time, divided by every hour you worked.

Counts

  • Your hourly pay for every hour worked, at each rate you worked
  • Non-discretionary bonuses — attendance, production, safety, or any bonus promised in advance
  • Commissions
  • Shift differentials for nights, weekends or hazardous work

Does not count

  • Discretionary bonuses and gifts, where both the fact and the amount were up to the employer
  • Expense reimbursements
  • Pay for time not worked: vacation, holidays, sick days

A worked example

California, four 11-hour days.You worked 44 hours but only on four days. Under the federal rule you would have 4 overtime hours. Under California's daily rule you have 12 — 3 each day over 8. At $22 an hour, that difference is $88.00 in one week.

Common mistakes employers make in California

  • Treating an alternative workweek schedule as automatic. Without the required employee vote, the normal rule stands: overtime after 8 hours in a day.

Other California pay rules worth knowing

  • Final paycheck if fired: Immediately — final wages are due on your last day.
  • If you quit: Within 72 hours of quitting. If you gave at least 72 hours' notice, final wages are due on your last day.
  • Unused PTO: Earned vacation is treated as wages in California and must be paid with the final check. Use-it-or-lose-it forfeiture is not permitted.
  • Late final pay: Your daily wage continues as a penalty for each day the final paycheck is late, up to 30 days.

California final paycheck law and deadline calculator →

California overtime: common questions

Does my employer have to pay overtime if they didn't approve it?

Yes. Time your employer knew you were working, or allowed you to work, counts as hours worked, whether or not anyone approved it in advance. An employer can discipline you for breaking an overtime policy, but it still has to pay overtime for those hours — in California as everywhere else under federal law.

Does my bonus change my overtime rate?

Yes, if the bonus is non-discretionary — promised for attendance, production, safety or hitting a target. It is added to your straight-time pay and divided by all the hours you worked, and your overtime is 1.5 times that higher rate. Discretionary gifts, expense reimbursements and paid time off are left out.

Do I get overtime if I work 10 hours but only 30 hours that week?

Yes. In California, hours over 8 in a workday are overtime whatever the weekly total, so a 10-hour day earns 2 overtime hours even in a 30-hour week. A calculator that applies only the federal rule would show none, because it looks at the week alone.

What is double time and when does it start?

Double time is pay at twice your regular rate. In California it starts after 12 hours in a workday; hours between 8 and 12 are time and a half. On the seventh consecutive day of a workweek, double time starts after 8 hours. Because your regular rate includes non-discretionary bonuses, double time can be more than twice your hourly rate.

If you think you were underpaid

  1. Keep your own record of the hours you worked: a timesheet from this page, photos of the posted schedule, messages about shifts.
  2. Ask your employer in writing to correct the pay. Email beats a conversation because it creates a dated record.
  3. File a wage claim — File a wage claim with the California Labor Commissioner's Office (DLSE). It is free, and you do not need a lawyer.
  4. Federal overtime claims must generally be brought within 2 years of the underpayment, or 3 years if the violation was willful.

Spotted something wrong? Report an error.

Three other states also pay daily overtime: Alaska, Colorado and Nevada.

Work across a state line? Oregon overtime rules.