California Daily and Weekly Overtime
activeCalifornia requires overtime pay at 1.5 times the regular rate for hours worked beyond 8 in a workday and beyond 40 in a workweek, and double time for hours beyond 12 in a workday. On the seventh consecutive day of work in a workweek, the first 8 hours are paid at 1.5 times the regular rate and all hours beyond 8 are paid at double time. Overtime rates do not pyramid; the highest applicable rate applies. Alternative workweek schedules (such as 4/10) may modify the daily overtime threshold when properly adopted.
Applicability
Requirements
- Daily Overtime
- Threshold Hours
- 8
- Rate Multiplier
- 1.5
- Description
- Hours worked in excess of 8 in a single workday are compensated at 1.5 times the regular rate of pay.
- Daily Double Time
- Threshold Hours
- 12
- Rate Multiplier
- 2
- Description
- Hours worked in excess of 12 in a single workday are compensated at 2 times the regular rate of pay.
- Weekly Overtime
- Threshold Hours
- 40
- Rate Multiplier
- 1.5
- Description
- Hours worked in excess of 40 in a single workweek are compensated at 1.5 times the regular rate of pay.
- Seventh Consecutive Day
- First 8 Hours
- Rate Multiplier
- 1.5
- Description
- The first 8 hours worked on the seventh consecutive day of work in a workweek are compensated at 1.5 times the regular rate.
- After 8 Hours
- Rate Multiplier
- 2
- Description
- Hours worked beyond 8 on the seventh consecutive day of work in a workweek are compensated at 2 times the regular rate.
- No Pyramiding
- Yes
- Pyramiding Note
- Only the highest applicable overtime rate applies to any given hour; daily and weekly overtime rates do not stack.
- Alternative Workweek Schedule
- Enabled
- Yes
- Description
- An employer may propose an alternative workweek schedule (e.g., four 10-hour days) through a secret ballot election of affected employees. When properly adopted, the daily overtime threshold is modified to the regularly scheduled shift length (up to 10 hours), with overtime applying beyond that threshold.
- Max Daily Hours Before Overtime
- 10
Penalties
Failure to pay overtime may result in waiting time penalties, interest, liquidated damages equal to the unpaid overtime, and attorney fees. Willful violations may result in criminal penalties.
Statute of limitations: 3 years
Notes
California daily overtime is more protective than federal law, which only requires weekly overtime after 40 hours. The alternative workweek schedule must be adopted through a specific employee election process under Lab. Code § 511. Unauthorized overtime must still be paid but may be subject to discipline.