The Quick Answer
Here is the short version, using $25 an hour as an example because the math is easy to follow. In California, if you are non-exempt, you earn 1.5 times your regular rate after 8 hours in a day or 40 hours in a week, and double time after 12 hours in a day, or after 8 hours on your seventh day in a row at work. At $25 an hour, that works out to $37.50 for overtime hours and $50.00 for double-time hours.
California Overtime Rates at a Glance
| When | Rate | At $25/hr |
|---|---|---|
| First 8 hours in a day | Regular (1×) | $25.00/hr |
| Hours 9–12 in a day | Overtime (1.5×) | $37.50/hr |
| After 12 hours in a day | Double time (2×) | $50.00/hr |
| Over 40 hours in a week | Overtime (1.5×) | $37.50/hr |
| 7th consecutive day, first 8 hrs | Overtime (1.5×) | $37.50/hr |
| 7th consecutive day, after 8 hrs | Double time (2×) | $50.00/hr |
Who Is Covered — and Who Is Exempt
In plain terms, California overtime law covers non-exempt employees — that is most people paid by the hour. Not everyone qualifies, though, and the exemptions are a lot narrower than some employers make them sound:
- Non-exempt (covered): hourly workers, and salaried workers who do not meet an exemption test. Job title alone does not decide this — your actual duties do.
- Exempt (not covered): mainly the executive, administrative, and professional exemptions. Each requires specific job duties plus a minimum salary (at least twice the state minimum wage for full-time work). Calling someone a “manager” or paying a salary does not automatically make them exempt.
- Special cases: some industries have their own rules or alternative workweek schedules (for example, healthcare workers on 12-hour shifts). Union contracts can also modify how overtime is calculated.
Not sure where you fall? It is worth sorting out. Getting misclassified is one of the most common ways people lose overtime they should have been paid. California’s Division of Labor Standards Enforcement publishes the exemption tests in plain language, so you can check them yourself.
How to Calculate California Overtime: Worked Example
Say someone earns $25 an hour and works a 10-hour day:
- Regular hours: the first 8 hours × $25.00 = $200.00
- Overtime hours: hours 9–10 (2 hours) × $37.50 = $75.00
- Day total: $275.00
A 12-hour day at the same rate: 8 × $25 ($200) + 4 × $37.50 ($150) = $350. A 14-hour day adds 2 double-time hours: $350 + 2 × $50 = $450. See how those last hours are worth twice the first ones? That is exactly what the law intends.
Blended weeks: California also counts daily overtime even when the weekly total stays under 40. Four 10-hour days = 40 hours for the week, but each day still generated 2 overtime hours — 8 overtime hours total at $37.50, or $300 in overtime premiums on top of regular pay.
Meal and Rest Breaks
Overtime is not the only protection here — breaks matter too:
- Meal periods: a 30-minute unpaid, duty-free meal break when you work more than 5 hours (waivable by mutual agreement if the shift is 6 hours or less). A second 30-minute meal period applies past 10 hours.
- Rest periods: a paid 10-minute rest break for every 4 hours worked — these are paid time, unlike meal breaks.
- Missed breaks: if your employer fails to provide a required meal or rest period, you are owed one hour of pay at your regular rate as a penalty for each violation, per day.
What to Do If Your Overtime Goes Unpaid
- Keep your own records. Save pay stubs, schedules, timecards, and any messages about hours. Your notes matter if records disagree later.
- Raise it in writing with your employer or HR first — some underpayments are payroll errors that get fixed quickly once flagged.
- File a wage claim with the California Labor Commissioner’s Office if the employer will not pay. There is no filing fee, and retaliation for filing is illegal.
- Watch the clock: wage claims have filing deadlines (generally three years for overtime), so do not sit on it forever.
Alternative Workweek Schedules
California allows employers and employees to adopt an alternative workweek schedule — for example, four 10-hour days — but it requires a formal process: a written proposal, a secret-ballot election with two-thirds approval of affected workers, and registration with the state. Under a valid alternative schedule, the 10-hour days themselves do not trigger daily overtime (overtime starts after 10 instead of 8), but the 12-hour double-time rule still applies.
An employer cannot just announce a 4/10 schedule to get around daily overtime. Without the election and registration, the standard 8-hour overtime threshold applies and the “extra” 2 hours each day are owed at 1.5×. If your workplace runs long shifts with no overtime premium, ask whether a valid alternative workweek election ever happened.
Common Overtime Violations to Watch For
- “Comp time” instead of pay: private-sector employers generally cannot offer time off instead of overtime pay — the premium must be paid in wages.
- Averaging across weeks: overtime is calculated per workweek. Working 50 hours one week and 30 the next does not cancel out — the 10 overtime hours from week one are still owed.
- Misclassifying as exempt or contractor: giving someone a salary, a title, or a 1099 does not by itself remove overtime rights. Duties and the legal tests control.
- Off-the-clock work: answering messages, closing up, or “quick” tasks after clocking out are compensable hours — and they can push a day into overtime territory.
- Wrong “regular rate”: overtime is 1.5× the regular rate, which includes most non-discretionary bonuses and commissions — not just the base hourly figure.
Frequently Asked Questions
Who is entitled to overtime pay in California?
Nearly all non-exempt employees — hourly workers and salaried workers who fail the exemption tests. Exemptions require specific executive, administrative, or professional duties plus a minimum salary, and job titles alone do not qualify.
What is the overtime rate in California?
1.5 times your regular hourly rate after 8 hours in a day or 40 in a week. At $25 an hour, overtime pays $37.50 per hour — and “regular rate” includes most non-discretionary bonuses, not just base pay.
When is double time required in California?
After 12 hours in a single workday, and for all hours beyond 8 on the seventh consecutive day of work in a workweek. At $25 an hour, double time is $50.00 per hour.
Are salaried employees exempt from overtime in California?
Not automatically. A salary alone never creates an exemption — the employee must perform qualifying duties and earn at least the minimum salary threshold. Many “salaried” workers are legally non-exempt and owed overtime.
Does California require daily overtime?
Yes — this is the big difference from federal law. Hours 9 through 12 in any workday earn 1.5× even if the weekly total never exceeds 40 hours. Four 10-hour days means 8 overtime hours despite a 40-hour week.
What should I do if my employer won’t pay overtime?
Document your hours, raise the issue in writing with the employer, and if that fails, file a wage claim with the California Labor Commissioner’s Office. Retaliation for asserting wage rights is illegal, and claims generally reach back three years.
Do I get overtime on the seventh consecutive day?
Yes. The first 8 hours on the seventh straight day of work pay 1.5×, and any hours beyond 8 pay double time. The “workweek” is a fixed 7-day period your employer defines.
Disclaimer: this article is general information about California wage law, not legal advice. Rules have exceptions by industry and change over time — for your specific situation, consult a California employment attorney or the Labor Commissioner’s Office.