ClockInMath
Overtime rules · Updated

California daily overtime

Overtime is counted by the day as well as the week.

Per the California Department of Industrial Relations, nonexempt employees generally earn 1.5× after 8 hours up to 12 in a workday and after 40 in a workweek, and 2× after 12 hours in a workday and after 8 hours on the seventh consecutive day of a workweek. At $30 an hour, a 13-hour day pays $480.00.

The rules in short

  • 1.5× the regular rate for hours over 8, up to and including 12, in a workday.
  • 1.5× for the first 8 hours worked on the seventh consecutive day of a workweek.
  • 2× the regular rate for hours over 12 in a workday, and for hours over 8 on the seventh consecutive day.
  • 1.5× for hours over 40 in a workweek (hours already paid as daily overtime are not paid twice).

Source: California DIR Division of Labor Standards Enforcement, overtime FAQ. Some jobs and employees are exempt or covered by other rules.

One day, $30 an hour

California daily overtime by day length
Hours workedRegularOT (1.5×)Double (2×)Gross
88:000:000:00$240.00
98:001:000:00$285.00
108:002:000:00$330.00
128:004:000:00$420.00
138:004:001:00$480.00
148:004:002:00$540.00

How ClockInMath combines daily and weekly

The calculator applies the daily rules first, then counts the regular hours (those not already overtime or double time) beyond 40 in the week as overtime. Daily overtime hours are never counted twice. At $20 an hour:

Daily then weekly method
WeekTotalRegularOTDoubleGross
5 days × 10 h50:0040:0010:000:00$1,100.00
6 days × 8 h48:0040:008:000:00$1,040.00
7 days × 8 h (7th-day rule)56:0040:0016:000:00$1,280.00

Choose “Daily, then weekly over 40” and turn on double time and the 7th-day rule in the time card calculator to reproduce these. Real pay rules can include more detail (such as the regular rate and exemptions), so confirm with the DIR or your employer.

Not legal, tax or payroll advice. Rules depend on your state, job and whether you are exempt. Check with your employer or your state labor department.

FAQ

When does daily overtime start in California?

After 8 hours in a workday, at 1.5× the regular rate, up to and including 12 hours.

When is double time paid in California?

For hours over 12 in a workday, and for hours over 8 on the seventh consecutive day of a workweek.

Is there also weekly overtime in California?

Yes: 1.5× for hours over 40 in a workweek, with hours already paid as daily overtime not counted twice.

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