Working four 10-hour days does not, by itself, remove California daily overtime. Under the general rule for a covered nonexempt employee, the two hours beyond eight on each 10-hour day are generally paid at time and a half. A validly adopted alternative workweek schedule can permit regularly scheduled days of up to 10 hours within a 40-hour workweek without that daily overtime premium.
The practical question is whether an applicable alternative schedule was properly adopted for the employee’s work unit and whether the hours worked match that schedule. The applicable wage order and any other exception matter. A payroll label such as “4/10” does not answer those questions on its own.
Four 10-hour days: two different pay examples
Assume a covered nonexempt employee works four separate 10-hour days in one workweek, earns a constant regular rate of $20 per hour and has no other compensation affecting that rate. These are hypothetical gross-pay illustrations:
| Situation | Hours in the example | Illustrated gross pay |
|---|---|---|
| General California daily overtime rule applies | 32 hours at the regular rate; eight daily overtime hours at 1.5× | 32 × $20 + 8 × $30 = $880 |
| A valid applicable 4/10 alternative schedule covers all four scheduled days | 40 scheduled hours at the regular rate | 40 × $20 = $800 |
The $80 difference reflects the treatment of eight hours between the eighth and tenth hour on the four scheduled days. It is not a prediction of what any particular worker is owed. Other wage orders, agreements, exemptions, a different regular rate or hours beyond the agreed schedule can change the result.
What makes an alternative workweek different from an informal schedule?
California’s alternative workweek provisions generally require a regularly recurring written schedule and an election by the affected work unit. Under the election procedures in the applicable wage order, the proposal must be adopted before the work is performed by at least a two-thirds vote of affected employees in a secret ballot. The employer must provide the required advance disclosure about effects on wages, hours and benefits, and report the final election results to the state.
These requirements are more specific than a manager assigning four long shifts or an individual employee preferring a three-day weekend. Ask which wage order covers the job, which work unit voted, what schedule was adopted and when it took effect. Some occupations and valid schedules have different provisions, so apply the rules for the actual workplace.
What happens if you work beyond your scheduled 10 hours?
A valid 4/10 arrangement does not turn every later hour into straight time. Under the California wage-order example cited below, work beyond the schedule established by the agreement, up to 12 hours in a workday, is paid at one and one-half times the regular rate. Work beyond 12 hours in a day is paid at double the regular rate. The order also addresses work beyond 40 hours in a week and work on days beyond the regularly scheduled number of days.
For a simple illustration under a qualifying schedule with the cited wage-order treatment, suppose the employee works 11 hours on one scheduled day and 10 hours on each of the other three days, for 41 hours total. At a constant $20 regular rate, the extra hour beyond the scheduled tenth hour is illustrated at $30, giving 40 × $20 + 1 × $30 = $830 gross. This example assumes no other exception or compensation item changes the calculation. Check the applicable order before extending it to a fifth day or a different shift pattern.
How to check whether your 4/10 schedule applies
- Confirm the employer’s workday and workweek. Compare your punches with the employer’s established periods, not an assumed midnight-to-midnight day or calendar week.
- Request the adopted schedule. Identify the regularly scheduled workdays, their hours, the affected work unit and the applicable wage order.
- Ask about the election. Check when the vote occurred and whether the schedule was in effect before the shifts you are reviewing.
- Search the state’s election records. California provides a public Alternative Workweek Elections Database containing filed results. A search result is a useful record to compare with the employer’s documents; the listing alone does not establish every fact about how a schedule applies to you.
- Mark deviations separately. Note shifts longer than the adopted schedule, additional workdays and weekly hours beyond 40. These may have different premium rules.
Our California overtime calculator estimates the general daily, weekly and seventh-day rules. It does not implement an alternative workweek election. A result showing daily overtime for four 10-hour days therefore should not be used as the final pay calculation for a worker covered by a valid 4/10 schedule. For the ordinary thresholds and seventh-day rule, read the California overtime guide.
Frequently asked questions
Does a 4/10 schedule automatically mean no overtime?
No. Without an applicable valid alternative schedule or another exception, the general daily rule can create overtime after eight hours even when the four days total exactly 40 hours. With a valid schedule, work beyond its agreed hours may still earn a premium.
Can I verify an election online?
The California Department of Industrial Relations publishes a searchable database of filed alternative workweek election results. Search by employer or location, then compare any result with the specific work unit, schedule and dates that apply to your job. Ask the employer for the underlying schedule and election information if the record is unclear.
Can I enter my four 10-hour shifts in the site’s California calculator?
You can use it to see the general-rule illustration, but it does not have an alternative-workweek setting. Its output is unsuitable as a final wage estimate if a valid schedule changes your daily overtime threshold.
Sources and scope
Reviewed October 8, 2026. The general daily overtime baseline was checked against the California Labor Commissioner’s Overtime FAQ. The specific alternative-workweek schedule, premium and election examples were checked against California Wage Order 2, Section 3; other applicable wage orders and occupations may differ. The method for finding filed election results comes from the state’s Alternative Workweek Elections Database. Dollar examples use hypothetical hours and a constant $20 regular rate. This guide does not determine the validity of a particular election or an individual wage claim.