California overtime rules
California pays overtime by the day as well as by the week: 1.5 times after 8 hours in a workday and double time after 12. The seventh consecutive day of work in a workweek has its own rule.
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Daily overtime after 8 hours
Over 8 hours in a workday, up to and including 12: 1.5 times the regular rate.
Example. One 11-hour day at $20.00. Regular: 8 × $20.00 = $160.00. Overtime: 3 × $30.00 = $90.00. Total: $250.00.
California workday
A workday is any 24-hour period that starts at the same time each calendar day. Daily overtime is counted per workday, so a shift that crosses the workday start counts its hours in the workday they were worked.
Example. Workday starts at midnight. A shift from 8:00 PM to 6:00 AM puts 4 hours in the first workday and 6 hours in the next. Neither is over 8 hours, so there is no daily overtime.
Double time after 12 hours
Over 12 hours in a workday: 2 times the regular rate.
Example. One 14-hour day at $20.00. Regular: 8 × $20.00 = $160.00. Overtime: 4 × $30.00 = $120.00. Double time: 2 × $40.00 = $80.00. Total: $360.00.
Weekly overtime after 40 hours
Over 40 hours in the workweek: 1.5 times the regular rate. This applies even when no single day goes over 8.
Example. Six 7-hour days = 42 hours. No daily overtime. Weekly overtime: 2 hours at 1.5×.
Seventh consecutive day: first 8 hours at 1.5×
First 8 hours on the seventh consecutive day of work in a workweek: 1.5 times the regular rate. This applies when someone works all seven days of the same workweek.
Example. Works every day of the workweek. Day 7: 6 hours. All 6 hours are at 1.5×.
Seventh consecutive day: double time after 8
Over 8 hours on the seventh consecutive day of work in a workweek: 2 times the regular rate.
Example. Day 7: 10 hours at $20.00. First 8 × $30.00 = $240.00. Next 2 × $40.00 = $80.00. Total for day 7: $320.00.
Alternative workweek schedules
Up to 10 hours a day within a 40-hour workweek can be straight time, if adopted through the wage order's secret-ballot election procedure. Work beyond the scheduled day, up to 12 hours, or beyond 40 a week: 1.5×. Over 12 hours, or over 8 on days beyond the scheduled number of workdays: 2×. Each shift must be at least 4 hours. Health care has a separate 12-hour version.
Example. Elected 4×10 schedule. A scheduled 10-hour day is straight time. An 11-hour day: 1 hour at 1.5×.
Rule text verified in Wage Order 4-2001. Most other IWC wage orders carry similar language; check the wage order for the industry.
Two pay rates in one week: weighted average
Regular rate = total straight-time earnings for the week ÷ total hours worked that week. It can never be less than the minimum wage.
Example. 32 hours at $11.00 + 10 hours at $9.00 = $442.00. $442.00 ÷ 42 hours = $10.52 regular rate (the state's own worked example; today's minimum wage is higher).
Questions
Does California have daily overtime?
Yes. Over 8 hours in a workday is 1.5×, and over 12 is double time.
Is the seventh day any seventh day in a row?
The rule is the seventh consecutive day of work in a workweek. Days in a row that span two workweeks are a different situation; check the facts with a professional.
Does unauthorized overtime have to be paid?
Yes. The Labor Commissioner says overtime must be paid whether or not it was authorized. An employer may discipline for breaking its policy.
Can we work four 10-hour days without overtime?
Only under an alternative workweek schedule adopted through the wage order's election procedure.
Who is exempt from California overtime?
California exemptions are set by state law and the IWC wage orders, not only federal law. Exemption questions need a professional.
This page explains published rules. It is not legal advice. Exemption questions need a professional. Not affiliated with the U.S. Department of Labor or any state agency.