California plays by tougher rules than federal law: 1.5x after 8 hours in a day (not just 40 in a week), double time after 12 hours, and premium pay on the 7th consecutive workday. If you work in California, the federal 40-hour rule is only half the story.
The three California triggers
| When | Rate |
|---|---|
| Over 8 hours in a single day | 1.5x |
| Over 12 hours in a single day | 2x (double time) |
| Over 40 hours in the week | 1.5x |
| 7th consecutive day, first 8 hours | 1.5x |
| 7th consecutive day, after 8 hours | 2x |
Per the California DIR — Overtime FAQ.
A real example: the 10-hour day
You earn $22/hour and work four 10-hour days (40 hours total). Under federal law: zero overtime — you never passed 40. In California:
- Each day: 8 regular + 2 OT hours → 8 × $22 + 2 × $33 = $242/day
- Four days: $968 vs. $880 at straight time
- That's $88 extra the federal rule alone would never give you.
This is why California workers should never use a federal-only calculator. Daily thresholds catch overtime that the weekly 40-hour rule completely misses.
Who's exempt (the fine print)
California's exemptions are narrower than most states expect. The common ones: executive, administrative, and professional employees meeting both duties and salary tests (California's salary threshold is higher than the federal one — it's tied to 2x the state minimum wage for full-time work). Outside salespeople and certain tech workers have their own rules. When in doubt, the default is non-exempt — the employer has to prove the exemption, not you.
Calculate your overtime
Our calculator handles 1.5x and 2x — plug in your hours and rate.
Open the overtime calculator → What is time and a half? →Quick answers
Does California require overtime after 8 hours even under 40/week?
Yes — that's the whole point of the daily rule. Four 10-hour days (40 total) still earns 8 overtime hours in California, where federal law would pay zero.
What about the 7th day — does it have to be Sunday?
No. It's the 7th consecutive day you work in a workweek, whatever day that falls on. The workweek is defined by your employer (a fixed 7-day period).
Can my employer average my hours over two weeks to avoid OT?
No — California prohibits averaging across workweeks. Each workweek stands alone, and each day stands alone for the daily thresholds.
General information only, not legal advice. California wage law is detailed and fact-specific — consult the DIR or an employment attorney about your situation.