California Overtime Rules: Daily, Weekly, Double Time and the 7th Day
How California's daily 8-hour, 12-hour double time, weekly 40-hour and seventh-consecutive-day rules combine without double counting.
Updated 2026-10-20
California Labor Code section 510 layers four rules on top of the federal 40-hour week. Applied in the wrong order they double count hours. Here is the order that works and that our engine follows.
The four rules
- Time and a half after 8 hours in a workday.
- Double time after 12 hours in a workday.
- Time and a half after 40 regular hours in a workweek.
- Seventh consecutive day of work in a workweek: first 8 hours at time and a half, hours beyond 8 at double time.
The order that avoids double counting
For each day: take double time first (hours over 12), then daily overtime (hours over 8 up to 12). What remains is the day’s regular hours. Then, running through the week in order, once accumulated regular hours pass 40, the remainder becomes weekly overtime. Hours already classed as daily overtime or double time are never counted toward the 40.
Worked example
Monday to Friday, 10 hours each; Saturday 6 hours.
| Day | Worked | Regular | OT | DT |
|---|---|---|---|---|
| Mon | 10 | 8 | 2 | 0 |
| Tue | 10 | 8 | 2 | 0 |
| Wed | 10 | 8 | 2 | 0 |
| Thu | 10 | 8 | 2 | 0 |
| Fri | 10 | 8 | 2 | 0 |
| Sat | 6 | 0 | 6 | 0 |
| Total | 56 | 40 | 16 | 0 |
Saturday’s 6 hours would be regular by the daily rule, but regular hours already stand at 40, so all 6 become weekly overtime. Total: 40 regular, 16 overtime. A naive “daily OT plus hours over 40” approach would give 10 + 16 = 26 and overpay by 10 hours.
A 14-hour day
Worked 14: 2 hours double time (over 12), 4 hours overtime (8 to 12), 8 regular. Those 8 regular hours count toward the weekly 40; the other 6 do not.
The seventh day
The rule fires only when the employee works all seven days of the same workweek. On that seventh day the first 8 hours are overtime even if the week is short, and anything over 8 is double time. If any earlier day in that workweek was a day off, the seventh calendar day is treated normally.
Alternative workweek schedules
Employees can vote in a 4/10 schedule, after which daily overtime starts at 10 hours rather than 8 (double time still after 12). Our calculator’s custom preset lets you set the daily threshold to 10 for those employees.
Regular rate and multiple rates
As under federal law, the regular rate includes non-discretionary bonuses and is a weighted average when two rates are worked in one week. California’s Labor Commissioner follows the same weighted-average method for overtime premiums.
Meal and rest breaks
Separate from overtime but often on the same timesheet: a 30-minute unpaid meal break before the end of the fifth hour, a second before the end of the tenth, and a paid 10-minute rest break for every four hours or major fraction. Missed breaks owe one hour of premium pay each.
Sources: California Labor Code 510 and 512; DIR overtime FAQ; IWC Wage Orders. Rules verified 2026-10-20. Confirm current law before relying on this for payroll.
Frequently asked
Does California daily overtime apply to part-time employees? Yes. A part-timer who works a 10-hour day gets 2 hours of overtime even if the week totals 20 hours. Daily overtime does not depend on the weekly total.
Can an employer avoid overtime by giving a day off later in the week? No. Hours over 8 in a day are overtime on that day regardless of what happens on other days. “Comp time” in place of overtime pay is only allowed under a written agreement meeting Labor Code 204.3 and is rare in the private sector.
Do paid holidays count toward the 40? Only hours actually worked count. A week with a paid holiday Monday and four 10-hour days has 8 hours of daily overtime and no weekly overtime, since regular hours are 32.
What about a 4/10 schedule without a vote? Without a properly adopted alternative workweek, every 10-hour day owes 2 hours of overtime. The election process (two-thirds secret ballot, filed with the Division of Labor Statistics and Research) is what makes the 10-hour threshold legal.
How does the workday affect night shifts? The employer defines a fixed workday (any 24 hours). If the workday starts at midnight, a 10 PM to 6 AM shift splits 2 hours into one day and 6 into the next, and neither day exceeds 8. Employers with night crews usually set the workday to begin at the shift start so hours stay together, which also means daily overtime triggers on a 10-hour night shift.
Is overtime owed on bonuses? Non-discretionary bonuses are added to the regular rate and overtime is recomputed on the higher rate, which produces a small additional payment when the bonus is paid.