The rules at a glance
For most non-exempt employees, California law (Labor Code §510) requires:
| Hours | Rate |
|---|---|
| Over 8 hours in a workday, up to 12 | 1.5× regular rate |
| Over 12 hours in a workday | 2× regular rate |
| Over 40 hours in a workweek | 1.5× regular rate |
| First 8 hours on the seventh consecutive day worked in a workweek | 1.5× regular rate |
| Over 8 hours on the seventh consecutive day worked in a workweek | 2× regular rate |
These come from the California Labor Commissioner's overtime FAQ. Compare federal law, which only requires overtime after 40 hours in a week and has no daily overtime or double time at all.
Daily overtime
A workday in California is a fixed 24-hour period, usually midnight to midnight unless your employer has set a different one. Any hours over 8 in that day are overtime, regardless of how many hours you work in the week. Four 9-hour days is 36 hours — no federal overtime, but 4 hours of California overtime.
Double time
Hours over 12 in one workday are paid at twice your regular rate. A 13-hour day breaks down as:
- 8 hours at your regular rate
- 4 hours at 1.5× (hours 9 to 12)
- 1 hour at 2× (hour 13)
The seventh-day rule
If you work all seven days of a workweek, the seventh day is paid at a premium: the first 8 hours at 1.5× and anything beyond 8 at 2×. The California Supreme Court confirmed in Mendoza v. Nordstrom (2017) that this applies only when you work every day of that workweek — seven days in a row that straddle two workweeks do not trigger it.
How daily and weekly overtime combine
You do not get paid overtime twice for the same hour. Hours already paid as daily overtime are not counted again toward the 40-hour weekly total, and each hour is paid at whichever single rate is highest. Labor Code §510 says an employer does not have to combine more than one overtime rate for the same hour.
Example 1: four 12-hour days and one 8-hour day
56 hours worked, $20 an hour.
| Regular hours | 4 days × 8 + 8 | 40 × $20 = $800.00 |
| Daily overtime | 4 days × 4 hours | 16 × $30 = $480.00 |
| Gross pay | 56 hours | $1,280.00 |
Under federal rules alone the result would be the same here — 40 regular and 16 overtime — because the week also went over 40.
Example 2: four 10-hour days
40 hours worked. Federally, no overtime. In California, each day has 2 hours over 8, so 32 regular hours and 8 overtime hours — unless the employer has a valid alternative workweek schedule (below).
Example 3: six 8-hour days
48 hours worked, no day over 8, and only six days, so there is no daily or seventh-day overtime. The weekly rule still applies: 40 regular hours and 8 hours at 1.5×.
Alternative workweek schedules
California lets employers adopt an alternative workweek, such as four 10-hour days, where overtime starts after the scheduled daily hours (up to 10) instead of after 8. It has to be adopted properly: generally by a secret-ballot vote in which at least two-thirds of the affected employees approve it, with the result reported to the state. If your employer runs a 4/10 schedule without that process, daily overtime after 8 hours still applies.
Your regular rate, bonuses and breaks
- Regular rate. As under federal law, overtime is based on your regular rate, which includes non-discretionary bonuses, shift differentials and commissions — not just your base wage.
- Flat-sum bonuses are handled differently in California. According to the Labor Commissioner, the bonus is divided by the regular (non-overtime) hours in the period, not by total hours, which gives a higher overtime figure than the federal method.
- Meal and rest breaks. California also requires a 30-minute meal break before the end of the fifth hour of work and paid 10-minute rest breaks, with an extra hour of pay if they are missed. See the Labor Commissioner's FAQs on meal periods and rest periods.
Who is not covered
Exempt employees — generally those who meet California's salary threshold and duties tests for executive, administrative or professional roles — are not owed overtime. Some industries, including agriculture and certain healthcare and transport jobs, follow different wage orders with their own schedules. If you are unsure which applies, the Labor Commissioner's overtime FAQ is the place to start.
Work it out from your punches. The time card calculator has a California setting that applies daily overtime, double time and the seventh-day rule automatically. For a quick check from totals, use the overtime calculator.
This guide summarises California's general overtime rules for reference. It is not legal advice; your wage order, a collective bargaining agreement or a valid alternative workweek can change how the rules apply to you.
Common questions
Is overtime in California after 8 hours or 40 hours?
Both. California requires time and a half for hours over 8 in a workday and for hours over 40 in a workweek, and double time for hours over 12 in a workday.
When do you get double time in California?
For hours over 12 in a single workday, and for hours over 8 on the seventh consecutive day worked in a workweek.
Do I get overtime on the seventh day if I work seven days in a row?
Only if all seven days fall within the same workweek. Seven consecutive days that span two workweeks do not trigger the seventh-day premium.
Are daily overtime hours counted again toward the weekly 40?
No. Hours paid as daily overtime are not counted a second time toward the weekly total, and each hour is paid at the single highest rate that applies.
Is a 4/10 schedule legal in California without overtime?
Only under a properly adopted alternative workweek schedule, which generally requires a secret-ballot vote approved by two-thirds of the affected employees. Otherwise hours over 8 in a day are overtime.