Calculate daily overtime (1.5x/2x), weekly overtime, and 7th consecutive day premiums under California law. More generous than federal overtime rules.
Daily OT After 8 Hours
2x After 12 Hours
7th Day Premium
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Enter Your Work Hours
Compensation Type
Your regular pay rate for non-overtime hours
2024 exempt threshold: $66,560 | 2025: $68,640
Hours Worked
7th Consecutive Day
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Overtime Calculation
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Enter your hours and click "Calculate Overtime Pay" to see your results
California Overtime Laws: The Basics
California has some of the most employee-friendly overtime laws in the country. Unlike federal law (which only requires overtime after 40 hours per week), California mandates overtime based on daily hours as well as weekly hours.
California Overtime at a Glance
Situation
Pay Rate
First 8 hours in a workday
1x (Regular)
Hours 8-12 in a workday
1.5x (Time and a Half)
Hours beyond 12 in a workday
2x (Double Time)
Hours beyond 40 in a workweek
1.5x (Time and a Half)
First 8 hours on 7th consecutive day
1.5x (Time and a Half)
Hours beyond 8 on 7th consecutive day
2x (Double Time)
Why California is Different
Federal overtime law (the FLSA) only requires overtime after 40 hours in a workweek. But California adds daily overtime protection, meaning:
A worker putting in four 10-hour days (40 hours total) gets 8 hours of overtime pay under California law, but zero under federal law
A worker doing twelve 3-hour shifts (36 hours total) gets no overtime under either law
California's daily overtime kicks in regardless of how many days you work that week
The "Regular Rate" Calculation
Your overtime rate is based on your "regular rate of pay," which may include more than just your base hourly wage:
Excluded: Discretionary bonuses, gifts, expense reimbursements, premium pay for overtime already worked
California Overtime Rules in Detail
Daily Overtime (Labor Code 510)
Labor Code 510(a)
"Any work in excess of eight hours in one workday... shall be compensated at the rate of no less than one and one-half times the regular rate of pay... Any work in excess of 12 hours in one day shall be compensated at the rate of no less than twice the regular rate of pay."
Key points about daily overtime:
A "workday" is any consecutive 24-hour period beginning at the same time each day (set by employer)
Overtime is calculated per day, not averaged across multiple days
You cannot waive your right to daily overtime (with limited exceptions for alternative workweek schedules)
Weekly Overtime
Hours worked beyond 40 in a workweek are paid at 1.5x your regular rate. However, hours that already qualify for daily overtime are not double-counted. California law gives you the benefit of whichever calculation results in more pay.
Seventh Consecutive Day Rule
Labor Code 510(a)
"...the first eight hours worked on the seventh day of work in any one workweek shall be compensated at the rate of no less than one and one-half times the regular rate of pay... Any work in excess of eight hours on any seventh day of a workweek shall be compensated at... no less than twice the regular rate of pay."
Important clarifications:
The 7th day must be consecutive within the same workweek
The workweek is defined by the employer (often Sunday-Saturday or Monday-Sunday)
This premium applies even if total hours for the week are under 40
The 7th day premium is in addition to any daily overtime earned on that day
No Comp Time in Private Sector
Unlike some states, California private employers cannot offer "comp time" (time off in lieu of overtime pay). All overtime must be paid in the same pay period it was earned. Only public sector employees may receive comp time under limited circumstances.
Overtime Exemptions in California
Not everyone is entitled to overtime. California recognizes several exemption categories, but the requirements are strict.
Salary Threshold Test (2024-2025)
To be exempt from overtime, employees must earn at least:
2024: $66,560/year ($1,280/week)
2025: $68,640/year ($1,320/week) - projected
This is double the state minimum wage for a 40-hour week. Employees earning less than this threshold are automatically non-exempt and entitled to overtime, regardless of their job duties or title.
Salary Alone Isn't Enough
Meeting the salary threshold is necessary but not sufficient for exemption. The employee must also meet the "duties test" for their exemption category.
Common Exemption Categories
Executive Exemption: Manages a department, supervises 2+ employees, has hiring/firing authority
Administrative Exemption: Performs office work directly related to management policies, exercises discretion on significant matters
Professional Exemption: Requires advanced knowledge in a field of science or learning (licensed professions, creative professionals)
Computer Professional: Must earn at least $53.80/hour (2024) and perform specific technical duties
Outside Sales: Customarily works away from employer's place of business making sales
Misclassification is Common
Many employers incorrectly classify workers as "exempt" based on job title alone. Common mistakes include:
Calling someone a "manager" when they don't actually supervise anyone
Paying a salary below the threshold
Applying exemptions to workers who don't meet the duties test
Treating all salaried workers as exempt (salary does not automatically mean exempt)
What If You're Misclassified?
If you've been wrongly classified as exempt, you may be entitled to:
All unpaid overtime for the past 3-4 years
Meal and rest break premiums
Interest on unpaid wages
Waiting time penalties if you've separated from employment
Potential PAGA penalties (Labor Code violations)
Frequently Asked Questions
Yes. California law does not limit mandatory overtime (with some exceptions for healthcare workers). However, your employer must pay you the correct overtime rate. Refusing to work overtime may be grounds for discipline, but you cannot waive your right to overtime pay.
California allows employers to adopt alternative workweek schedules (like four 10-hour days) through a formal election process. If properly adopted, daily overtime doesn't kick in until after 10 hours on scheduled days. However, weekly overtime (after 40 hours) and double-time (after 12 hours daily) still apply. The adoption process has strict requirements—many employers skip steps and the schedule becomes invalid.
California law does not require premium pay simply for working on a holiday. However, if working the holiday causes you to exceed 8 hours in a day or 40 hours in a week, normal overtime rules apply. Many employers voluntarily offer holiday premium pay, but it's not legally required.
If you work at different rates (for example, $20/hour for some tasks and $25/hour for others), your "regular rate" for overtime purposes is calculated using a weighted average: (Total earnings) / (Total hours worked). The overtime premium is then 0.5x or 1x this weighted average rate.
You can recover unpaid overtime for the past 3 years for inadvertent violations, or 4 years if you can prove the employer's violation was willful. Interest accrues on unpaid wages at 10% per year. Don't wait—the longer you delay, the more potential recovery you lose.
No. California Labor Code 98.6 prohibits retaliation against employees who inquire about or assert their wage rights. If you're fired, demoted, or disciplined for asking about overtime, you may have a separate retaliation claim worth significant damages.
It depends on how restricted you are. If you must stay on premises or your activities are significantly limited, on-call time is likely "hours worked." If you're merely required to leave contact information and can otherwise use the time freely, it may not count. The key factor is how much control you have over your time.
This is a common violation. Paying regular rate (1x) for overtime hours doesn't satisfy the law—you're owed the difference. For time-and-a-half hours, that's an extra 0.5x your rate per hour. For double-time hours, it's an extra 1x. These unpaid premiums add up quickly over months or years.
Related Demand Letters
Based on your calculation, you may need a demand letter. Get your free template: