California Overtime Law Explained: Daily OT, Double Time, and the 7th Day
California overtime law goes well beyond the federal rule. Where the FLSA only counts hours over 40 in a week, California adds daily overtime after 8 hours, double time after 12, and special pay rules for working seven days straight. Here's how the whole system fits together, with the math worked out.
The four triggers in California overtime law
For most non-exempt employees, California requires overtime in four situations: 1.5x the regular rate for hours over 8 in a workday, 1.5x for hours over 40 in a workweek, 1.5x for the first 8 hours worked on the seventh consecutive day of a workweek, and 2x (double time) for hours over 12 in a workday or over 8 on that seventh consecutive day.
California is the strictest of the daily-overtime states — Alaska, Colorado, and Nevada also have daily 1.5x rules, but none stack double time and seventh-day premiums the way California does. If you run payroll for California employees with out-of-state software settings, this is the first thing to check.
California overtime calculation: worked examples
Single long day: a $22-per-hour employee works 13 hours on Tuesday. Hours 1–8 pay $176 (regular), hours 9–12 pay $132 (4 hours × $33 at 1.5x), and hour 13 pays $44 (1 hour × $44 at double time). That day alone: $352.
Full week of 10-hour days: a $20-per-hour employee works Monday through Friday, 10 hours a day — 50 hours total. Each day produces 8 regular hours and 2 daily-overtime hours, so the week has 40 regular hours and 10 overtime hours: $800 + (10 × $30) = $1,100. Note there's no double-counting: the same hour can't earn both daily and weekly overtime — you pay whichever applies, once. Hours already paid as daily overtime don't also count toward the 40-hour weekly trigger.
Seventh consecutive day: the same $20-per-hour employee also comes in Saturday and Sunday. Sunday is the seventh consecutive workday of the workweek, and they work 10 hours. The first 8 hours pay 1.5x ($240) and the last 2 pay double time ($80) — $320 for the day, even though none of those hours crossed 12.
The workweek and workday are fixed — and that matters
Like federal law, California measures overtime against a fixed workweek (a recurring 7-day cycle) and additionally a fixed workday (a recurring 24-hour period). The employer defines both, and they can't be moved around to dodge premiums that are already accruing.
The seventh-day rule applies to seven consecutive days within a single defined workweek — not just any seven days in a row on the calendar. An employee who works Wednesday through Tuesday may span two workweeks and never trigger the seventh-day premium. This is why knowing exactly when your workweek starts is more than paperwork.
Alternative workweek schedules: the legal 4/10
California does allow schedules like four 10-hour days without daily overtime — but only through a formal alternative workweek election. The affected work unit has to approve the schedule in a secret-ballot vote with a two-thirds majority, following the state's notice and disclosure procedures, and the election must be properly registered.
Done correctly, employees on a valid 4/10 schedule earn no overtime until they exceed 10 hours in a day or 40 in a week. Done informally — 'the crew agreed to it' — the schedule is invalid and every ninth and tenth hour of every shift is unpaid daily overtime waiting to become a wage claim. If you want compressed schedules in California, do the election properly or pay the daily premium.
Meal breaks and the premium interplay
California also requires meal periods for non-exempt employees, and a missed, short, or late meal period owes the employee a premium of one additional hour of pay. On long days this stacks with overtime: a 13-hour day with a missed meal break costs the daily overtime, the double time, and a meal premium on top.
These premiums interact with the regular rate in ways worth handling carefully — the regular rate itself must reflect nondiscretionary bonuses and other includable pay, just as under federal law. The practical takeaway for small employers: track punch times, meal periods, and daily totals precisely, because every one of these triggers is computed from the time record. Kloqk's free time clock captures daily hours and flags California-style daily overtime automatically.
Frequently asked questions
When does overtime start in California?
After 8 hours in a workday or 40 hours in a workweek, at 1.5x the regular rate. Double time starts after 12 hours in a day. On the seventh consecutive day of a workweek, the first 8 hours pay 1.5x and hours beyond 8 pay double time.
How is double time calculated in California?
Double time is 2x the regular rate. It applies to hours over 12 in a single workday and to hours over 8 on the seventh consecutive workday of a workweek. At $22/hour, double time pays $44/hour.
Can I work four 10-hour days in California without overtime?
Only under a valid alternative workweek election approved by a two-thirds secret-ballot vote of the affected work unit and properly registered with the state. Without that, hours 9 and 10 of each shift are daily overtime.
Does California overtime stack daily and weekly overtime on the same hours?
No. The same hour is never paid twice — hours already compensated as daily overtime don't also count toward the 40-hour weekly overtime trigger. You pay the applicable premium once per hour.
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