The rule
| California | |
|---|---|
| Daily threshold | Over 8 hours in a workday: 1.5 times the regular rate. Over 12 hours: 2 times the regular rate |
| Weekly threshold | Over 40 hours in a workweek: 1.5 times the regular rate |
| Seventh consecutive day | First 8 hours on the seventh consecutive day of work in a workweek: 1.5 times. Hours past 8 that day: 2 times |
| Who is covered | Nonexempt employees 18 or older, and minor employees 16 or 17 years of age |
| Regular rate | Includes hourly pay, salary, piece rates, commissions, and nondiscretionary bonuses; it cannot be below minimum wage |
| Exemptions | Executive, administrative, and professional employees who meet California's duties and salary tests, plus specific occupations listed in the wage orders |
How daily and weekly overtime fit together
California counts overtime two ways at once. Each workday stands on its own: hours 9 through 12 are paid at 1.5 times the regular rate and hours past 12 at double the rate. Then the workweek is checked: hours past 40 are paid at 1.5 times. Hours that already earned daily overtime are not counted again toward the weekly 40, so an employee is not paid overtime twice for the same hour.
The seventh-day rule is separate again. If an employee works all seven days of a single workweek, the seventh day is overtime from the first hour: 1.5 times for the first 8 hours and double time after that. Seven days in a row that straddle two workweeks do not trigger it.
Alternative workweek schedules
The DIR recognizes alternative workweek schedules such as four 10-hour days or three 12-hour days, which change when daily overtime starts without changing the regular rate. They have to be adopted through the formal process the DIR describes, not by announcement. Without one, the 8-hour daily trigger applies.
Worked example: a 15-person restaurant
A line cook paid $20 an hour works Monday through Friday: 10, 10, 8, 8, and 6 hours, for 42 hours in the workweek.
- Monday and Tuesday each have 2 hours past 8, so 4 hours are daily overtime at $30 (1.5 times $20): $120.
- The remaining 38 hours are straight time at $20: $760. The week's total is 42 hours, but the 4 daily overtime hours are not counted again toward the 40, so there is no separate weekly overtime.
- Gross for the week: $880. A payroll system that only looks at the weekly total would pay $800 plus 2 hours at $30, or $860, and underpay by $20 for this one employee. Across 15 people that gap adds up every week.
How to track it
California overtime depends on knowing each day's hours as they happen, not at the end of the pay period. The time clock needs to total hours per workday, flag the eighth hour before it is crossed, and keep the seventh-day count inside the workweek you actually use.
In ClockOut, daily overtime rules are configurable per company, so the 8 and 12 hour triggers and the seventh-day rule are applied to every timesheet automatically. Managers see who is about to cross 8 hours while the shift is still running, and punch controls can stop early clock-ins that quietly turn a 7.5-hour shift into a 9-hour one.
California overtime FAQ
Does California pay overtime after 8 hours even if the week is under 40?
Yes. Daily overtime stands on its own. An employee who works one 10-hour day and nothing else that week earns 2 hours of overtime at 1.5 times the regular rate.
When is double time owed in California?
After 12 hours in a single workday, and after 8 hours on the seventh consecutive day worked in a workweek. Both pay 2 times the regular rate.
Do minors get overtime in California?
The DIR applies the same daily and weekly overtime rules to minor employees 16 or 17 years of age as to adults. Younger minors have separate hour limits under child labor law.
Does a bonus change the overtime rate?
A nondiscretionary bonus (one promised in advance for hitting a target) is part of the regular rate, so it raises the overtime rate for the period it covers. A true discretionary gift does not.
Related pages
Sources, checked September 9, 2026
This is general information, not legal advice. Rules change; check the linked source.