California’s general overtime rules for covered nonexempt employees look at each workday and the defined workweek. Time and a half generally applies to hours over eight through 12 in a workday, hours over 40 in a workweek, and the first eight hours on the seventh consecutive day of work in a workweek. Double time generally applies after 12 hours in a workday and after eight hours on that seventh day. Exemptions and valid alternative schedules can change the calculation.
The general daily and weekly thresholds
- More than 8 through 12 hours in a workday: generally 1.5 times the regular rate for those hours.
- More than 12 hours in a workday: generally 2 times the regular rate for those hours.
- More than 40 hours in the workweek: generally 1.5 times the regular rate for qualifying hours not already counted for a daily overtime premium.
- Seventh consecutive day in one workweek: generally 1.5 times the regular rate for its first eight hours and 2 times for hours over eight.
These are the general California Labor Commissioner rules, not a promise that every job uses this schedule. Check whether the worker is nonexempt and whether an applicable wage order, collective bargaining agreement, valid alternative workweek schedule or occupation-specific exception changes the rule.
Example: four ten-hour days, exactly 40 hours total
Suppose a covered worker earns a constant regular rate of $20 per hour and works four separate ten-hour workdays in one workweek. That is 40 hours for the week. Under the general California daily rule, each day has eight straight-time hours and two hours at time and a half. Across four days, the estimate is 32 × $20 + 8 × $30 = $880 gross. A federal-only weekly model would see no hours over 40 and show $800. This example excludes bonuses, rate changes and special schedules.
Enter your own seven-day workweek in the California overtime calculator. It estimates the general daily, weekly and seventh-day premiums for a constant regular rate.
Example: one 13-hour workday
At the same $20 regular rate, a 13-hour day under the general rule has eight hours at $20, four hours at $30 and one hour at $40: $320 gross for that day. The hour after 12 is double time, not another hour at time and a half. Actual payroll may use a different regular rate and other hours in the workweek may affect the final pay calculation.
Do not count the same overtime hour twice
Daily and weekly rules both matter, but the same worked hour is not given two separate overtime premiums simply because it crosses both thresholds. Review each workday first, then the workweek, avoiding a second premium on hours already counted as daily overtime. The seventh-day rule refers to the seventh consecutive day of work within the employer’s established workweek; seven days spanning two workweeks do not automatically meet that specific condition. A workday is a defined consecutive 24-hour period and may not match a calendar midnight-to-midnight day.
Record actual daily hours, the start of the employer’s workweek and any genuinely unpaid meal periods. Paid rest breaks count as worked time. For meal and rest rules, see our California break guide.
Why the hourly wage may not be the overtime regular rate
California overtime is based on the regular rate of pay, which may require more than reading the base hourly wage from a pay stub. Multiple hourly rates, certain bonuses or other compensation can change it. The California Labor Commissioner’s overtime FAQ explains weighted-average calculations and other situations. A salaried employee may also be entitled to overtime unless the applicable exemption test is met; the word “salary” alone does not settle that question.
Our overtime calculator is a simple weekly baseline. It has one weekly threshold and one rate; it does not implement California daily overtime, double time, seventh-day treatment, rate adjustments or exceptions. Use it only for a scenario that matches its stated assumptions, not to verify a California pay stub with daily premiums.
Frequently asked questions
Can I earn California overtime without working more than 40 hours?
Yes. A covered nonexempt employee can have daily overtime after eight hours even when the week’s total is 40 or less, subject to any applicable exception or valid alternative schedule.
Is every hour after eight paid at double time?
No. Under the general rule, hours over eight through 12 in a workday are at time and a half. Hours over 12 are at double time. The seventh consecutive day within a workweek has its own first-eight-hours and over-eight rules.
Does a day off reset the seventh-day count?
The special rule concerns the seventh consecutive day worked within a single workweek. Identify the employer’s established workweek and each day actually worked rather than using an arbitrary rolling seven-day window.
Can my employer average a long day with a short day?
The California Labor Commissioner says daily overtime is based on hours worked in a particular workday; averaging days is generally not a substitute. A properly adopted alternative workweek schedule or another exception may change the ordinary daily threshold.
Sources and scope
Reviewed October 7, 2026. General rules and regular-rate discussion checked against the California Labor Commissioner’s Overtime FAQ, exceptions list and workday/workweek glossary. The two pay examples assume a constant $20 regular rate and no exception. This guide is educational and does not determine a particular employee’s wages or exempt status.