California has some of the strongest overtime protections in the country. Unlike federal law, it requires overtime based on hours worked in a single day — not just the week. Here is how it works.
California's daily and weekly overtime thresholds
For most non-exempt employees in California, overtime is owed under several rules that stack together. You are entitled to whichever result gives you the most pay.
- 1.5× the regular rate for hours over 8 (and up to 12) in a workday.
- 1.5× for the first 8 hours worked on the 7th consecutive day of a workweek.
- 2× (double-time) for hours over 12 in a workday.
- 2× for hours over 8 on the 7th consecutive workday.
- 1.5× for hours over 40 in a workweek (excluding daily overtime already counted).
Worked example: a 13-hour day
Say you earn $20.00/hour and work 13 hours in one day in California:
- First 8 hours at regular rate: 8 × $20.00 = $160.00
- Hours 8–12 at 1.5×: 4 × $30.00 = $120.00
- Hour 12–13 at 2×: 1 × $40.00 = $40.00
- Day total: $320.00 for 13 hours
How daily overtime differs from federal law
Under federal FLSA rules, a worker who puts in four 10-hour days (40 hours total) earns no overtime, because they did not exceed 40 hours for the week. In California, those same four days would each generate 2 hours of daily overtime — 8 overtime hours in total — even though the weekly total is only 40 hours.
Meal and rest breaks
California also requires meal and rest breaks for most non-exempt employees, and a missed break can trigger an additional hour of "premium" pay. Break rules are separate from overtime but often come up in the same paycheck disputes. Always check your employer's written policy and the California Labor Commissioner's guidance.
Frequently Asked Questions
When does double-time start in California?
Double-time (2× the regular rate) applies to hours worked beyond 12 in a single workday, and beyond 8 hours on the 7th consecutive day of the workweek.
Does California have weekly overtime too?
Yes. In addition to daily overtime, California requires 1.5× pay for hours over 40 in a workweek, but hours already paid as daily overtime are not counted twice.
Can I work four 10-hour days without overtime in California?
Only under a properly adopted 'alternative workweek schedule.' Without one, hours over 8 per day are overtime even if the weekly total is 40.
Related tools & guides
This guide is for general informational purposes only and is not legal, tax, or financial advice. Labor laws vary by state and change over time. Confirm your specific situation with your employer, HR department, or the U.S. Department of Labor.