What a week pays in California
Take a 44-hour week with a 12-hour Monday, at $20 an hour. Under California rules that is 38 regular hours and 6 hours of overtime, for $940.00.
Federal rules alone would pay $920.00, with 4 hours of overtime. The state rule adds $20.00 to the week.
Who the rule covers
Does not apply to employees working under a valid alternative workweek schedule adopted under Lab. Code § 511, a collective bargaining agreement under § 514, or a schedule covered by § 554. Exempt employees and some industries (IWC wage orders) have different rules.
- When two overtime rates could apply to the same hour, the higher rate is paid; they are not added together.
- An alternative workweek schedule adopted under Labor Code § 511, or a union contract under § 514, changes the daily rule.
How federal law fits in
The FLSA applies in every state: a covered, non-exempt employee earns at least 1.5 times the regular rate for each hour over 40 in a workweek. Where a state rule and the federal rule both apply, the employee gets whichever pays more for each hour, never both. At $20.00 an hour, federal overtime is $30.00 an hour.
Overtime that only California law requires does not count toward the federal deduction for qualified overtime; only the premium on hours over 40 in a week does. The no tax on overtime calculator works out that deduction.
Questions people ask
What is the overtime law in California?
California requires 1.5 times the regular rate after 8 hours in a workday or 40 in a workweek, and double time after 12 hours in a workday. Working all seven days of a workweek triggers extra overtime on the seventh day.
Does California have daily overtime?
Yes. Over 8 hours in a workday at 1.5×; over 12 at 2×. On the seventh consecutive day, the first 8 hours at 1.5× and the rest at 2×.
Is double time required in California?
Yes. California requires double time after 12 hours in a workday, and after 8 hours on the seventh consecutive day of a workweek.
Can a California employer average hours over two weeks?
Not for federal overtime. Each workweek stands alone under the FLSA, so 30 hours one week and 50 the next means 10 hours of overtime in the second week, even when both are paid together.