California overtime rules
California counts overtime by the day as well as by the week. Hours over 8 in a workday are paid at one and a half times your regular rate, hours over 12 in a workday at double, and hours over 40 in the workweek at one and a half times, according to the state Labor Commissioner’s Office.
The rules
- Nonexempt employees aged 18 or older (and some 16- and 17-year-olds) are paid one and a half times their regular rate for hours worked over 8 in a workday, up to and including 12, and for hours over 40 in a workweek. [1]
- Hours worked over 12 in a workday are paid at double the regular rate. [1]
- On the seventh consecutive day of work in a workweek, the first 8 hours are paid at one and a half times the regular rate, and hours over 8 that day at double the regular rate. [1]
- Overtime is based on hours actually worked. A paid sick day or a paid holiday that isn’t worked doesn’t count toward overtime. [1]
- If you’re paid two or more rates by the same employer in a workweek, the regular rate is the weighted average: total earnings for the week divided by total hours worked. The Labor Commissioner’s example: 32 hours at $11 and 10 hours at $9 is $442 for 42 hours, a regular rate of $10.52. [1]
- Overtime must be paid whether or not it was authorized, for work the employer knew or should have known about. [1]
- There are exemptions (classes of employees the overtime law doesn’t apply to) and exceptions (special overtime rules for some classes, such as agricultural workers). [1]
What the calculator doesn’t do here
- It doesn’t apply the seventh-consecutive-day rule. Enter those hours and check the seventh day yourself.
- It doesn’t calculate meal or rest-period premium pay.
- It doesn’t decide whether a job is exempt, or apply the special rules for alternative workweek schedules or agricultural work.
- It takes one hourly rate as your regular rate, so it doesn’t work out a weighted average for a week at two or more rates.
That daily rule is the big difference from federal law, which only looks at the week. A single 10-hour shift in California has 2 overtime hours, even if the rest of the week is short. The calculator below is set up with California’s daily 8, double time over 12, and weekly 40.
Each rule on this page links to the Labor Commissioner’s overtime FAQ, which we read on the date shown. The calculator doesn’t cover everything in California law; the list below says what it leaves out, so you know what to check yourself.
Check your hours with these rules
Pay rules
Defaults follow the federal weekly rule (over 40 hours at 1.5×). Your state or contract may differ: set your own.
| Day | Start | End | Break | Hours | Actions |
|---|
Times are in .
| Regular | ||
| Overtime | ||
| Double time | ||
| Estimated gross pay |
Estimate of gross pay before tax and deductions.
Save as PDF from the print dialog. Your entries stay in this browser only.
Worked example: 14-hour day: 8 regular, 4 overtime, 2 double time
$20.00/h · overtime over 40 h a week or 8 h a day at 1.5× · double time over 12 h a day
| Day | Start | End | Breaks |
|---|---|---|---|
| Mon, Nov 2 | 06:00 | 20:00 | none |
14.00 hours (14:00): regular 8.00, overtime 4.00, double time 2.00. Estimated gross $360.00: regular $160.00 + overtime $120.00 + double time $80.00.
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Questions
Is overtime in California after 8 hours or after 40 hours?
Both. Hours over 8 in a workday and hours over 40 in a workweek are overtime. The calculator counts the daily hours first, so no hour is counted twice.
How do I calculate overtime in California?
For each day, split the hours into the first 8 (regular), hours 9 to 12 (1.5×) and anything over 12 (2×). Then check the week: regular hours past 40 become 1.5× too. Multiply each group by your rate and its multiplier.
When is it double time in California?
For hours over 12 in a workday, and for hours over 8 on the seventh consecutive day of work in a workweek.
Can my employer make me work overtime in California?
In general, yes. The Labor Commissioner says an employer may set the schedule and may discipline an employee who refuses scheduled overtime, but can’t discipline an employee for refusing to work the seventh day in a workweek.
Does a paid sick day count toward overtime?
No. The Labor Commissioner says overtime is based on hours actually worked, so paid time off that isn’t worked doesn’t count toward the 40.
Is every job covered?
No. There are exemptions and special rules for some kinds of work. Check the Labor Commissioner’s pages or ask the office if you’re unsure about your job.