The rules this calculator applies
These are the California overtime rules for non-exempt employees, as published by the California Department of Industrial Relations and summarised here as of September 2026.
- Over 8 hours in a workday: 1.5x. A workday is a fixed 24 hour period, usually starting at midnight.
- Over 12 hours in a workday: 2x. Double time starts at the twelfth hour, on top of the four overtime hours before it.
- Over 40 hours in a workweek: 1.5x. A workweek is a fixed, recurring 168 hour period. Only straight-time hours count toward the 40.
- Seventh consecutive day of a workweek: 1.5x for the first 8 hours, 2x beyond 8. This applies when the employee works all seven days of the same workweek.
Source: California Department of Industrial Relations, Overtime FAQ. Rules change, so check the DIR page before you rely on a number from this tool.
How it is calculated
The calculator works one workweek at a time, in two passes.
Pass one: each day on its own
- On a normal day, the first 8 hours are straight time, hours 8 to 12 are 1.5x, and hours past 12 are 2x.
- On the seventh consecutive day of the workweek, the first 8 hours are 1.5x and hours past 8 are 2x. No hour on that day is straight time.
Pass two: the week
- Add up only the hours still counted as straight time. If that total is over 40, the excess moves from straight time to 1.5x.
- Because the weekly threshold is measured against straight-time hours only, an hour already paid at 1.5x or 2x under a daily rule cannot be upgraded a second time. That is the no double-counting rule.
Pay is then straight-time hours x rate, plus 1.5x hours x rate x 1.5, plus 2x hours x rate x 2.
Worked examples
Three long days, 40 hours total
Monday 12, Tuesday 12, Wednesday 12, Thursday 4, rest of the week off, at $22 an hour. The week totals 40 hours, so under federal rules alone there would be no overtime at all.
- Each 12 hour day: 8 straight time, 4 at 1.5x, 0 at 2x. Three of them gives 24 straight and 12 at 1.5x.
- Thursday: 4 straight time.
- Weekly check: straight-time hours are 28, under 40, so no weekly overtime is added.
- Totals: 28.00 straight, 12.00 at 1.5x, 0 at 2x.
- Pay: (28 x $22) + (12 x $33) = $616 + $396 = $1,012.00. The federal-only answer would have been $880.00, so California’s daily rule is worth $132 on this one week.
A full seven day week
Monday through Saturday 8 hours each, Sunday 10 hours, workweek starting Monday, at $22 an hour.
- Monday to Saturday: 8 straight time each, so 48 straight.
- Sunday is the seventh consecutive day: the first 8 hours at 1.5x and the last 2 hours at 2x.
- Weekly check: straight-time hours are 48, which is 8 over the 40 hour threshold, so 8 hours move from straight time to 1.5x.
- Totals: 40.00 straight, 16.00 at 1.5x, 2.00 at 2x, which adds back to the 58 hours worked.
- Pay: (40 x $22) + (16 x $33) + (2 x $44) = $880 + $528 + $88 = $1,496.00.
Where California overtime goes wrong
- Counting only the week. A payroll system set to the federal 40 hour rule misses every 10 and 12 hour day. This is the most common underpayment in California.
- Counting the same hour twice. Adding daily overtime and then applying the 40 hour rule to all hours pays some hours at 1.5x twice. That is an overpayment, and it makes the whole timesheet hard to defend.
- Moving the workweek. The workweek has to be fixed and recurring. Shifting its start day to reduce overtime is not allowed.
- Forgetting meal period premiums. A missed or late meal period owes an extra hour of pay at the regular rate, which is separate from overtime. See how to track break compliance in California.
- Using the base rate when there was a bonus. Non-discretionary bonuses have to be folded into the regular rate before the multiplier is applied, so the effective rate is higher than the posted hourly rate.
Doing this every week, not once
A calculator is fine for checking one timesheet. For a team, the rules have to be applied to every punch automatically. ClockOut’s Pro compliance pack lets you configure a daily overtime threshold, a daily double-time threshold, and the seventh consecutive day rule, and applies weekly overtime only to the remaining regular hours so minutes already counted as daily overtime or double time are never counted twice. That supports a California-style 8 / 12 / seventh day setup. It does not by itself guarantee compliance for any state, which is the honest version of what any vendor can promise. See pricing and the product facts page.
California overtime FAQ
How is overtime calculated in California?
By the day and by the week. Hours over 8 in a workday pay 1.5x, hours over 12 in a workday pay 2x, and hours over 40 in a workweek pay 1.5x. Hours already paid at a daily premium do not count again toward the 40 hour weekly threshold.
When does double time start in California?
After 12 hours in a single workday, and after 8 hours on the seventh consecutive day of a workweek. A 14 hour day is 8 hours straight time, 4 hours at 1.5x, and 2 hours at 2x.
What is the seventh consecutive day rule?
If an employee works all seven days of one workweek, the seventh day pays 1.5x for the first 8 hours and 2x for anything beyond 8. The workweek is a fixed, recurring seven day period, so a run of seven days that straddles two workweeks does not trigger it.
Do daily and weekly overtime stack in California?
No. The same hour is paid at one premium, not two. The weekly 40 hour test is applied only to hours still counted as straight time after the daily rules have run.
Does a 10 hour day always mean overtime in California?
For a non-exempt employee on a standard schedule, yes: 8 hours straight time and 2 hours at 1.5x, even if the week totals under 40. The exception is a properly adopted alternative workweek schedule, such as four 10 hour days, which has its own election process and its own thresholds.
Is this calculator legal advice?
No. It applies the general overtime rules published by the California Department of Industrial Relations as of September 2026 and does nothing else. It does not handle alternative workweeks, exempt classifications, bonus adjustments to the regular rate, or meal and rest premiums. Check the DIR overtime FAQ and speak to an employment lawyer.