California overtime laws explained (2026)

The five California overtime rules

1. 1.5× after 8 hours in a workday
2. 1.5× after 40 hours in a workweek (whichever comes first)
3. 2× after 12 hours in a workday
4. 1.5× for the first 8 hours on the 7th consecutive workday
5. 2× for hours over 8 on the 7th consecutive workday

These rules apply to most non-exempt employees in California. Some occupations (specific salespeople, healthcare workers on alternative schedules, etc.) have variations.

Daily overtime: the biggest difference from federal law

Under FLSA, you can work 10-hour days four days a week (40 total hours) with no overtime owed. In California, those same hours produce 8 hours of daily overtime (2 hours/day × 4 days), even though total weekly hours equal exactly 40.

Example: A California construction worker earning $30/hour works 10 hours/day, Monday-Thursday (40 hours total).

• Regular hours: 8 × 4 = 32 hours × $30 = $960
• Overtime hours: 2 × 4 = 8 hours × $45 = $360
• Weekly gross: $1,320

The same hours worked in Texas: 40 × $30 = $1,200. California overtime law added $120/week (10%) for the same labor.

Double time scenarios

Double time (2× regular rate) kicks in for:

• Hours 13+ in a single workday
• Hours 9+ on the 7th consecutive workday in a workweek

Example: A $25/hour employee works a 14-hour day during a critical project.

• Hours 1–8: 8 × $25 = $200
• Hours 9–12: 4 × $37.50 (1.5×) = $150
• Hours 13–14: 2 × $50 (2×) = $100
• Day total: $450 for 14 hours

The 7th consecutive workday rule

This is one of the most overlooked California rules. If you work seven days in a row without a day off:

• The first 8 hours of that 7th day are paid at 1.5× regardless of total weekly hours
• Hours over 8 on the 7th day are paid at 2×

This rule applies to the workweek, not seven days from any starting point. If your employer's defined workweek is Sunday-Saturday and you worked all seven days, the 7th day (Saturday) triggers the rule.

"Alternative workweek schedules" (4/10 schedules)

California allows employers to set up alternative workweek schedules (AWS) that can include 10-hour days without daily overtime, but only if:

1. The schedule is properly adopted by secret ballot vote of affected employees (2/3 majority)
2. The schedule is filed with the California Division of Labor Standards Enforcement
3. The schedule provides specific days off
4. Daily OT still applies to hours beyond the scheduled 10-hour day
5. Weekly OT still applies to hours beyond 40

Without a properly adopted AWS, scheduling 10-hour days incurs daily overtime.

Who is exempt from California overtime

California has a higher salary threshold than FLSA. To be exempt from overtime in California in 2026:

1. Earn at least 2× state minimum wage for full-time work (in 2026, this is approximately $68,640/year statewide; higher in cities with higher minimums)
2. Be paid on a salary basis
3. Primarily perform exempt job duties (executive, administrative, professional, etc.)

This is significantly higher than the federal threshold ($43,888 as of 2026). Many employees who are exempt under FLSA are still entitled to overtime under California law.

Meal and rest break rules

California also has the strictest meal/rest break rules:

• 10-minute paid rest break every 4 hours worked
• 30-minute unpaid meal break after 5 hours worked (waivable if shift is 6 hrs or less)
• Second meal break after 10 hours worked (waivable in some cases)

If your employer fails to provide a legally required break, they owe you one hour of pay at your regular rate for each missed break — called "premium pay." This adds up: a typical missed-break violation across a 5-day workweek can cost an employer $200+ per affected employee.

The "Donohue" rounding rule

Per the 2021 California Supreme Court Donohue v. AMN ruling, employers cannot round meal break start/end times. They must be recorded to the minute. If your meal break was supposed to be 30 minutes but you started 6 minutes late and ended on time (so it was only 24 minutes), you're owed premium pay for the short break.

Reporting violations

California employees can file wage claims with the Labor Commissioner's office at no cost. The statute of limitations is 3 years (or 4 years for some Labor Code violations). Successful claims can recover:

• Back wages owed
• Liquidated damages (equal to unpaid wages)
• Premium pay for missed breaks
• Penalties for late payment
• Attorney's fees

Calculate California overtime

The Hours Calculator supports California rules — select "Both daily AND weekly OT" in the OT scheme dropdown, set daily threshold to 8 hours, double-time threshold to 12 hours, and weekly threshold to 40. The result will show regular, overtime, and double-time hours separately, with calculated pay for each.

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Published May 2026. Spot an error? Email contactus@calculatehours.net.