CaliforniaOvertime Rules & Laws (2026)
Last updated: 2026-03-27
Summary: California has its own overtime law that is stricter than federal FLSA. Overtime required after 40 hours per workweek at 1.5x regular rate (2x for 12+ hours/day or 8+ hours on 7th consecutive day). Daily overtime required after 8 hours per day. Double time (2x) applies for 12+ hours in a day, or any hours worked beyond 8 on the 7th consecutive day in a workweek. Salary exemption threshold: $1,352/week ($70,304/year).
What are the overtime rules in California?
| Weekly Threshold | 40 hours |
|---|---|
| Daily Overtime? | YesAfter 8 hours per day |
| Double Time | 12+ hours in a day, or any hours worked beyond 8 on the 7th consecutive day in a workweek |
| Overtime Rate | 1.5x regular rate (2x for 12+ hours/day or 8+ hours on 7th consecutive day) |
| Follows FLSA? | State lawStricter than federal FLSA |
How does California differ from federal overtime rules?
California has the most comprehensive overtime laws in the nation. Daily overtime at 1.5x after 8 hours and double time after 12 hours. Seventh consecutive workday: first 8 hours at 1.5x, anything beyond 8 hours at 2x. Higher salary threshold for exempt employees ($70,304/year in 2026, adjusted annually based on 2x state minimum wage of $16.90/hr). Alternative workweek schedules allowed with 2/3 employee vote.
How to Calculate Overtime in California
Example 1: Hourly employee works 10 hours in one day at $20/hr (daily overtime)
8 x $20.00 = $160.00 (straight time) + 2 x $30.00 = $60.00 (daily OT at 1.5x)
Total pay: $220.00
Example 2: Hourly employee works 13 hours in one day at $20/hr (double time)
8 x $20.00 = $160.00 (straight) + 4 x $30.00 = $120.00 (1.5x for hrs 9-12) + 1 x $40.00 = $40.00 (2x for hr 13)
Total pay: $320.00
Example 3: Employee works 45 hours in one week, no day exceeding 8 hours
40 x $20.00 = $800.00 (straight time) + 5 x $30.00 = $150.00 (weekly OT at 1.5x)
Total pay: $950.00
Example 4: 7th consecutive workday: employee works 10 hours at $18/hr
8 x $27.00 = $216.00 (1.5x for first 8 hrs) + 2 x $36.00 = $72.00 (2x for hrs beyond 8)
Total pay: $288.00
Calculate Your Overtime Pay
Enter your details below to see a breakdown of regular, overtime, and total pay.
California requires daily overtime after 8 hours per day and double time (2x) after 12 hours per day. Enter today's hours for a daily breakdown, or leave blank for weekly-only calculation.
This assumes a non-exempt hourly employee. Exempt employees are not entitled to overtime. This calculator provides estimates only — actual pay may vary based on shift differentials, piece rates, bonuses, or other factors. Not legal or payroll advice.
What Counts as "Hours Worked" in California?
Under California law, the following time must be counted as hours worked for overtime purposes:
- •All time an employee is subject to the control of the employer, including time the employer permits the employee to work whether or not required
- •On-call time when the employee must remain at or near the worksite and cannot freely use the time for personal purposes
- •Travel time during the workday between job sites (not normal commuting, but employer-required travel)
- •Mandatory training, meetings, and lectures (even if held outside regular working hours)
- •Meal breaks shorter than 30 minutes or meal periods where the employee is not completely relieved of all duties (automatically becomes paid time)
- •Time spent donning and doffing required protective equipment, uniforms, or gear at the workplace
- •Waiting time and standby time if under the employer's control (engaged to wait vs. waiting to be engaged)
Who is Exempt from Overtime in California?
| Salary Threshold | $1,352/week ($70,304/year) — California minimum for 2026, adjusted annually (2x state minimum wage of $16.90/hr for full-time) |
|---|---|
| Exempt Categories | Executive, administrative, professional, computer professional ($58.85/hr min in 2026). Must spend 50%+ of time on exempt duties (stricter than federal 'primary duty' test). |
| Industry Exemptions | Some agriculture workers have modified overtime rules (phased in). Domestic workers have some modified rules. Camp counselors at organized camps have exemptions. |
Overtime Exemption Categories Explained
| Category | Requirements |
|---|---|
| Executive | Salary $1,352+/week ($70,304/year); manages enterprise or department; regularly directs 2+ employees; has authority to hire/fire; must spend 50%+ of time on exempt duties (stricter than federal 'primary duty' test) |
| Administrative | Salary $1,352+/week; office or non-manual work related to management policies or general business operations; exercises discretion and independent judgment; must spend 50%+ of time on exempt duties |
| Professional (Learned) | Salary $1,352+/week; advanced knowledge in science or learning acquired by prolonged specialized study; must spend 50%+ of time on exempt duties |
| Computer Professional | Hourly rate $58.85+ or salary $122,573.13+/year (2026); systems analyst, programmer, software engineer; primary duties involve design, development, documentation, analysis, or testing of computer systems |
| Outside Sales | No salary requirement; customarily spends 50%+ of working time away from employer's place of business making sales or obtaining orders (California's 50% test is stricter than federal) |
| Licensed Physician/Surgeon | Hourly rate of $107.17+ (2026); must be primarily engaged in performing physician/surgeon duties |
Must I Pay Unauthorized Overtime in California?
Yes — you must pay for all overtime worked, even if unauthorized.
California law requires employers to pay for all overtime worked, even if unauthorized. Under Labor Code Section 510, the employer must compensate the employee for all hours worked. An employer may discipline an employee for working unauthorized overtime but may never withhold pay. Suffering or permitting work to be performed creates a legal obligation to pay.
Alternative Workweek Schedules in California
California allows alternative workweek schedules (e.g., 4x10) under Labor Code Section 511. Requires a secret-ballot election with at least 2/3 of affected employees voting to approve. Under an approved alternative workweek, employees can work up to 10 hours per day without daily overtime, but hours beyond the scheduled alternative are paid at overtime rates. The employer must report the election results to the DLSE within 30 days.
Common Overtime Violations to Avoid in California
These are the most common overtime mistakes employers make in California. Avoiding them protects your business from costly lawsuits and penalties.
- 1.Misclassifying employees as exempt without meeting California's stricter 50%+ time-on-exempt-duties test (vs. federal 'primary duty' test)
- 2.Failing to pay daily overtime — many employers only track weekly hours and miss the 8-hour daily threshold
- 3.Not paying double time for hours beyond 12 in a day or for hours on the 7th consecutive workday
- 4.Requiring off-the-clock work (pre-shift setup, post-shift cleanup, answering emails after hours)
- 5.Auto-deducting meal breaks without ensuring employees are completely relieved of duty for 30 minutes
- 6.Misusing the alternative workweek schedule provisions without proper 2/3 employee vote and DLSE reporting
Penalties for Overtime Violations in California
California imposes severe penalties for overtime violations. Employers face waiting time penalties of up to 30 days' wages for willful failure to pay wages due at termination. Under Labor Code Section 1194, employees can recover unpaid overtime plus interest and attorney's fees. The DLSE can impose civil penalties of $50 per employee per pay period for initial violations and $100 per employee per pay period for subsequent violations. Willful failure to pay overtime can result in penalties of $200 per violation plus 25% of the amount withheld. California also allows employees to file class-action lawsuits under PAGA (Private Attorneys General Act), which can multiply penalties significantly.
What California Employers Need to Know
- •California requires daily overtime after 8 hours AND double time after 12 hours
- •7th consecutive workday: 1.5x for first 8 hours, 2x after that
- •Salary exemption threshold is tied to 2x the state minimum wage — significantly higher than federal
- •Exempt employees must spend 50%+ of time on exempt duties (stricter than federal 'primary duty' test)
- •Alternative workweek schedules (e.g., 4x10) require a 2/3 employee vote
- •Computer professionals can be exempt if paid at least $58.85/hour in 2026 (adjusted annually)
Frequently Asked Questions
Does California require daily overtime?
Yes. California requires 1.5x pay after 8 hours in a day and 2x pay (double time) after 12 hours in a day. This is in addition to weekly overtime after 40 hours.
What is the salary threshold for exempt employees in California?
California's exempt salary threshold is tied to 2x the state minimum wage for full-time work. For 2026, this is $70,304/year ($1,352/week), based on the state minimum wage of $16.90/hour. This is significantly higher than the federal threshold of $35,568/year.
Can California employers use a 4-day, 10-hour schedule without paying overtime?
Yes, but only through an 'alternative workweek schedule' that requires a secret-ballot election where at least 2/3 of affected employees vote to approve the schedule.
Official California Resources
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This is general information, not legal advice. Requirements change — always verify with the official state agency or a qualified employment attorney. Sources: California Department of Industrial Relations — Division of Labor Standards Enforcement (DLSE), U.S. Department of Labor.