California overtime rules
| Hours | Pay |
|---|---|
| Over 8 in one workday, up to 12 | 1.5× regular rate |
| Over 12 in one workday | 2× regular rate |
| Over 40 in a workweek (regular hours only) | 1.5× regular rate |
| First 8 hours on the 7th day in a row in a workweek | 1.5× regular rate |
| Over 8 hours on the 7th day in a row | 2× regular rate |
Hours are never paid twice: an hour that is already daily overtime does not count again toward the 40-hour weekly limit. That is why the calculator counts only regular hours against 40.
Worked example
At $25 an hour you work 10, 10, 13, 8 and 8 hours (49 hours). Daily overtime: 2 + 2 + 4 = 8 hours at 1.5×. Day 3 also has 1 hour over 12 at 2×. Regular hours: 8 + 8 + 8 + 8 + 8 = 40, so no extra weekly overtime. Pay: 40 × $25 = $1,000, plus 8 × $37.50 = $300, plus 1 × $50 = $50. Gross: $1,350. Under the federal rule alone the same week would be 40 regular and 9 overtime hours: $1,337.50.
Things this calculator does not cover
- Alternative workweek schedules (for example 4 × 10 hours), voted in by employees, change when daily overtime starts.
- Exempt employees, plus some industries with their own wage orders, such as agriculture, which phased in its own overtime schedule.
- The regular rate must include non-discretionary bonuses and shift differentials. If you get those, your overtime rate is higher than 1.5× your base rate.
- Meal and rest breaks: a missed meal or rest break earns an extra hour of pay, which is separate from overtime.
For a full time card with clock-in and clock-out times, lunch deductions and a printable timesheet, use the main calculator with California selected. It applies the same rules.
Source: California DIR: Overtime FAQ
Questions
When does overtime start in California?
After 8 hours in a workday or 40 hours in a workweek, at 1.5 times your regular rate. Hours over 12 in a day are paid at double time.
What is the 7th-day rule in California?
If you work all seven days of a workweek, the first 8 hours on the seventh day are paid at 1.5 times and any hours over 8 that day at double time.
Do daily and weekly overtime stack in California?
No. Each hour is paid once at the highest rate that applies. Hours that are already daily overtime are not counted again toward the 40-hour weekly limit.
Does California overtime count for the federal no tax on overtime deduction?
Only the part the federal FLSA would require (hours over 40 in a week). Daily overtime in a week under 40 hours does not qualify.