Overtime laws by state › California

California Overtime Laws (2026)

1.5x after 8 hours in a day and after 40 in a week; 2x after 12 hours in a day. On the seventh consecutive day of the workweek: 1.5x for the first 8 hours and 2x beyond 8. Alternative workweek schedules adopted by secret-ballot election can change the daily trigger.

The rules

  • Weekly: 1.5x the regular rate after 40 hours in a workweek.
  • Daily: 1.5x after 8 hours in a workday.
  • Double time: 2x after 12 hours in a workday.
  • Seventh day: premium pay for working all seven days of the workweek (see notes).
  • Exempt salary floor: $1,352.00/week ($70,304.00/year) — 2x the state minimum wage ($16.90 in 2026). Higher floors apply to fast-food and some healthcare employers.

Statute: Cal. Labor Code 510; IWC Wage Orders. Source: state agency page. As of October 25, 2026.

Worked example at $20.00/hour

10
10
10
10
4
0
0
Straight time — 36 h × $20.00$720.00
Overtime 1.5× — 8 h × $30.00$240.00
Gross for the week$960.00

Under federal rules alone the same week would pay $920.00 (4 overtime hours). California's daily rule adds $40.00.

Federal overtime deduction: $40.00 of this week's overtime is the half-time premium on hours over 40 that qualifies; $40.00 is state-only premium that does not. Why

Run your own hours for California

Who is covered

Overtime protections cover "non-exempt" employees. Most hourly workers are non-exempt. Salaried workers are exempt only if they earn at least $1,352.00 per week in California and their primary duties meet the executive, administrative, professional, computer or outside-sales tests. Independent contractors are not covered by overtime law at all, which is why misclassification claims often start as overtime claims.

How the regular rate works

Overtime is 1.5x the regular rate, which is all straight-time compensation for the week (hourly pay plus nondiscretionary bonuses, shift differentials and commissions) divided by hours worked. Discretionary bonuses, gifts, expense reimbursements and paid time off are excluded. An employee paid $20/hour with a $100 attendance bonus in a 50-hour week has a regular rate of $22.00, and ten overtime hours pay $33.00 each — not $30.00.

Federal baseline

The Fair Labor Standards Act requires 1.5x after 40 hours in a workweek for covered, non-exempt employees, with a $684.00/week salary floor for the white-collar exemptions. Where California law is more generous than the FLSA, the more generous rule applies; where it is less generous, the FLSA controls. Federal overtime rules

Sources

Last reviewed October 25, 2026. Rules shown are for private-sector employees; public employers, agriculture, domestic work, healthcare and transportation carry separate exemptions.