In California, non-exempt hourly employees are generally entitled to receive overtime pay when they work beyond a certain number of hours per day or per week. The following guidelines offer a general overview of how overtime is calculated under California labor law.
When am I entitled to 1.5 times my regular hourly wage?
Employees are entitled to 1.5 times their regular hourly wage when they work more than eight hours in a single day or more than 40 hours in a workweek. More specifically, any hours worked between the eighth and twelfth hour of a single workday must be compensated at the rate of time and a half. Additionally, if an employee works for seven consecutive days, the first eight hours worked on the seventh day must also be compensated at 1.5 times the regular rate.
- Example 1: Suppose your hourly wage is $20. If you work 10 hours on Monday and 8 hours each from Tuesday to Friday, you will have worked 42 hours in total. The first 40 hours are paid at the regular rate of $20 per hour. The remaining 2 hours are considered overtime and must be paid at $30 per hour.
- Example 2: Suppose you earn $20 per hour and work 7 hours per day from Monday through Saturday, totaling 42 hours in the week. Even though you did not work more than 8 hours on any single day, you exceeded 40 hours in the workweek. Therefore, 40 hours are paid at $20 per hour, and the remaining 2 hours must be paid at $30 per hour.
- Example 3: Again assuming a wage of $20 per hour, if you work 4 hours per day from Monday through Sunday, you will have worked a total of 28 hours. While you worked fewer than 8 hours each day, working on the seventh consecutive day entitles you to overtime pay. Therefore, 24 hours are paid at the regular rate, and 4 hours on the seventh day are paid at $30 per hour.
When am I entitled to 2 times my regular hourly wage?
Employees are entitled to double time pay under two conditions. First, if they work more than 12 hours in a single workday. Second, if they work seven consecutive days, the hours worked beyond the first eight on the seventh day must be paid at double the regular hourly rate.
- Example 1: If your hourly wage is $20 and you work 13 hours on Monday and 8 hours per day from Tuesday to Friday, you will have worked 45 hours in total. In this case, 40 hours are paid at $20 per hour, 4 hours at $30 per hour (1.5x), and the 1 hour beyond 12 on Monday is paid at $40 per hour (2x).
- Example 2: Suppose you earn $20 per hour and work 4 hours per day from Monday through Saturday, then work 10 hours on Sunday. You would have worked 34 hours in total. Of those, 24 hours are paid at $20 per hour, 8 hours at $30 per hour (1.5x), and the 2 hours beyond 8 on the seventh day (Sunday) at $40 per hour (2x).
Quick Reference for California Overtime Rules
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California’s Overtime Policy |
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| Hours worked | Overtime pay rate |
| More than 8 hours a single day | 1.5 times the regular rate |
| More than 12 hours a single day | 2 times the regular rate |
| First 8 hours on the 7th consecutive day | 1.5 times the regular rate |
| More than 8 hours on the 7th consecutive day | 2 times the regular rate |
Please note that the general legal principles outlined above do not apply in every case. (For example, workplaces with an Alternate Work Schedule or certain truck drivers operating under specific routes may be subject to different rules.) We strongly recommend that you consult with a qualified labor law attorney to review your specific situation.
JUSTICE FOR WORKERS, P.C. is a law firm dedicated exclusively to representing plaintiffs, that is, workers, in matters related to labor law and workplace injuries. For a free consultation, please contact us at (323) 922-2000. We have offices located in both Los Angeles and Orange County. If we take on your case, you will not be required to pay us anything unless and until we secure compensation on your behalf.
