California Overtime Rules: Daily OT, Double Time, and the 7th Day

California counts hours per day, not just per week. That one difference produces overtime in weeks that never reach 40 hours, double time that federal law never requires, and a premium on the seventh straight day. If you only know the federal rule of 1.5x after 40 hours a week, you are likely missing some of what you earned.

Daily overtime: time and a half after 8 hours

A non-exempt employee earns time and a half for every hour over 8 in a workday, whatever the weekly total. Four 10-hour days at $30 an hour add up to 40 hours, so the federal rule produces no overtime and a $1,200 check. California counts 8 daily overtime hours, so each day is 8 x $30 + 2 x $45 = $330, for $1,320. That is $120 for a week with no federal overtime in it.

The weekly rule still applies on top. Hours over 40 in a week are overtime too, but an hour is never paid twice as overtime. Payroll should work out the daily overtime first, then check the weekly total for any extra hours not already counted. Enter daily hours, not just the weekly sum, in the overtime calculator.

Double time after 12 hours

California is the only state that requires double time. Every hour past 12 in a workday is paid at 2x the regular rate. A 14-hour day at $25 an hour is 8 x $25 = $200, plus 4 x $37.50 = $150, plus 2 x $50 = $100, for $450. If the employer paid time and a half for the last two hours, the day is $25 short.

Federal law never requires double time, for any reason. If you are paid double time outside California it is because your employer, handbook or union contract promises it, and a written promise is enforceable as part of your wages. A holiday double-time rate that turns into straight time on the check is unpaid wages. The double time calculator handles the tiers.

The seventh consecutive day

If you work seven days in a row in a single workweek, the first 8 hours on the seventh day are paid at time and a half and any hours past 8 are paid at double time. At $24 an hour, a 10-hour seventh day is 8 x $36 = $288 plus 2 x $48 = $96, for $384 compared with $240 at straight time. The rule exists for workers who are scheduled without a day off, and it applies from the first hour of that day, not after 40 weekly hours.

How the rules combine

Apply whichever rule gives the higher pay for each hour, and never stack two premiums on the same hour. A worker with long days and a six or seven day week can be owed daily overtime, double time, weekly overtime and a seventh-day premium in the same pay period. That layering is where payroll systems and hand calculations both go wrong.

Meal and rest break premiums

Long California shifts often come with missed breaks. Employees are owed a 30-minute meal period before the end of the fifth hour and a paid 10-minute rest break for every four hours worked. When a break is denied, the employer owes one extra hour of pay at the regular rate for meal violations and another for rest violations, up to two premium hours per day. The rules and examples are in break laws by state, and the filing process is in the California wage-claim guide.

Frequently asked questions

Do California's daily overtime rules apply if I am salaried? Only if you are non-exempt. The California exempt salary floor is about $70,304 in 2026, which is twice the state minimum wage for full-time work, and you must also pass the duties test. Many salaried Californians are non-exempt.

My employer says only hours over 40 count. Is that right? Not in California. Overtime after 8 hours in a day applies regardless of the weekly total, and an employer using only the federal weekly rule is likely underpaying you.

How far back can I claim California overtime? Generally three years under the Labor Code and up to four under the Unfair Competition Law, which is longer than the federal window.

Add up your California overtime

Go through your schedule and list every day over 8 hours, every day over 12, and any week where you worked seven days. Run them through the overtime calculator and the double time calculator and compare the totals to your stubs.

If your stubs only reflect weekly overtime, estimate the total with the back-pay calculator. The $29 Claim Kit turns the result into a demand letter and a California filing guide, and the California Labor Commissioner and the DOL Wage and Hour Division are the agencies that take complaints. This is general information, not legal advice.