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California Overtime Laws: Daily and Weekly Rules Explained
Last updated: June 2026
California has some of the strongest overtime protections in the country — and they go well beyond what federal law requires. The key difference: federal law (FLSA) only triggers overtime after 40 hours per week. California law also requires overtime after 8 hours in a single day, plus double time after 12 hours in a day and on the 7th consecutive day of work.
Understanding these rules is critical for both employees checking their paystubs and employers setting up payroll systems. Here's a complete breakdown.
California Overtime Rules (Labor Code §510)
Under California Labor Code Section 510, non-exempt employees are entitled to:
- 1.5× regular rate for hours worked beyond 8 in a workday
- 1.5× regular rate for hours worked beyond 40 in a workweek
- 2× regular rate for hours worked beyond 12 in a workday
- 1.5× regular rate for the first 8 hours on the 7th consecutive day in a workweek
- 2× regular rate for all hours beyond 8 on the 7th consecutive day
California vs. Federal: Side-by-Side Comparison
| Scenario | Federal (FLSA) | California |
|---|---|---|
| Over 8 hours in one day | Regular rate | 1.5× OT |
| Over 40 hours in a week | 1.5× OT | 1.5× OT |
| Over 12 hours in one day | 1.5× OT (no double time) | 2× Double time |
| 7th consecutive day (first 8 hrs) | Regular rate (if under 40/week) | 1.5× OT |
| 7th consecutive day (over 8 hrs) | Regular or 1.5× if over 40/week | 2× Double time |
| Salary exemption threshold (2024) | $35,568/yr | $66,560/yr |
The Daily Overtime Trigger: A Practical Example
Consider a California employee earning $20/hour who works the following schedule in a single workweek:
- Monday–Friday: 10 hours each day (50 total)
Under federal law:
- 40 regular hours × $20 = $800
- 10 overtime hours × $30 (1.5×) = $300
- Total: $1,100
Under California law:
- 8 regular hours/day × 5 days × $20 = $800
- 2 daily OT hours/day × 5 days × $30 (1.5×) = $300
- Total: $1,100 (same in this case because no daily hours exceed 12 and no 7th-day work)
However, if the same employee works Monday–Saturday (10 hours each day):
- Federal: 60 hours total → 40 reg + 20 OT × $30 = $800 + $600 = $1,400
- California (no 7th day): Same as federal here = $1,400
But if a 7th day is added (say Sunday, 10 hours):
- California: First 8 hrs on Sunday × $30 (1.5×) + 2 hrs × $40 (2×) = $240 + $80 = $320 extra
- Federal: Sunday hours may be regular rate (under 40-hr threshold if distributed across week differently)
Use our Double Time Calculator to run these calculations automatically.
California Salary Exemption Threshold (2024)
California requires exempt (white-collar) employees to earn at least $66,560 per year in 2024, which is:
- Equal to 2× the state minimum wage ($16/hour) × 2,080 annual hours
- $1,280 per week — nearly double the federal $684/week threshold
- This threshold adjusts automatically whenever California's minimum wage increases
California's duties tests for executive, administrative, and professional exemptions closely mirror federal standards, but the much higher salary threshold means many California workers who would be classified as exempt federally are still entitled to overtime under state law.
Penalties for Misclassification in California
California aggressively enforces wage and hour laws. Employers who misclassify employees or fail to pay overtime face:
- Back pay for all unpaid overtime, going back 3 years
- Civil penalties of $100 per employee per pay period for initial violations, $200 for subsequent violations (California Labor Code §226.3)
- Waiting time penalties equal to 30 days' worth of wages if wages weren't paid correctly at termination (§203)
- PAGA penalties: California's Private Attorneys General Act allows employees to sue on behalf of all affected coworkers — one lawsuit can cover hundreds of employees
- Attorney's fees: Prevailing employees can recover legal costs
California's statute of limitations for wage claims is 3 years (4 years for claims under California's Unfair Business Practices law, Business & Professions Code §17200). This is longer than the federal 2–3 year window.
Key Facts at a Glance
- California OT triggers at 8 hours/day AND 40 hours/week
- Federal OT triggers only at 40 hours/week
- California double time (2×) kicks in after 12 hours in a single workday
- 7th consecutive day: 1.5× for first 8 hours, 2× for hours beyond 8
- California exempt salary threshold (2024): $66,560/year ($1,280/week)
- Federal exempt salary threshold (2024): $35,568/year ($684/week)
- Misclassification penalties: civil penalties of up to $200/employee/pay period plus back pay
- Statute of limitations: 3 years in California (vs. 2–3 years federal)
Frequently Asked Questions
How is California overtime different from federal overtime rules?
Federal law only requires overtime after 40 hours/week. California also requires it after 8 hours in any single day, plus double time after 12 hours/day and on the 7th consecutive workday. California's salary exemption threshold is also nearly double the federal level.
When does double time kick in under California law?
Double time (2× regular rate) is required for: (1) any hours beyond 12 in a single workday, and (2) all hours beyond 8 on the 7th consecutive day of a workweek. The first 8 hours of the 7th day are paid at 1.5×.
What is the California salary threshold for overtime exemption in 2024?
$66,560 per year ($1,280/week) in 2024. This equals 2× the state minimum wage × 2,080 hours. It adjusts automatically when California's minimum wage increases and is nearly double the federal FLSA threshold of $35,568/year.
How does the 7th consecutive day rule work in California?
If you work all 7 days of a workweek, the first 8 hours on day 7 are paid at 1.5×. All hours beyond 8 on day 7 are paid at 2×. This applies regardless of your total hours for the week.
What are the penalties for California overtime misclassification?
Employers face back pay (3-year lookback), civil penalties up to $200/employee/pay period, waiting time penalties equal to 30 days' wages, and potential PAGA class-action liability. California's enforcement is significantly stricter than federal enforcement.