7 November 2026 · 8 min read
California Daily Overtime Calculator: 8-Hour, 12-Hour & 7th-Day Rules with Worked Examples
California is the only state where overtime can start after 8 hours in a single day — not just after 40 hours in a week. A 10-hour shift earns 2 hours of overtime even in a 30-hour week, and a shift past 12 hours pays double time. This guide works through the three California triggers in Labor Code §510, with the exact arithmetic, so you can check your own pay stub line by line.
The three California triggers
For non-exempt employees, California Labor Code §510 sets three separate triggers, and each one works independently — whichever gives you the most pay wins, but the same hour is never counted twice (no “pyramiding”):
| When it applies | Rate |
|---|---|
| Hours over 8, up to 12, in a workday | 1.5× regular rate |
| Hours over 12 in a workday | 2× regular rate |
| Hours over 40 in a workweek | 1.5× regular rate |
| First 8 hours on the 7th consecutive day of work in a workweek | 1.5× regular rate |
| Hours over 8 on that 7th day | 2× regular rate |
A “workday” is a 24-hour period starting at the same time each calendar day, and the seventh day is measured inside the employer's defined workweek — not a rolling seven-day window. These rules come from the California Department of Industrial Relations (DIR) overtime FAQ, which restates §510; the full citations are at the end of this article.
Worked example 1: $20 an hour, five 10-hour days
The most common California case — a 50-hour week made of long days. Under federal law alone this would be 10 overtime hours; California's daily rule reaches the same total, but the daily hours are what trigger it:
- Each day: 8 hours × $20 = $160 regular, plus 2 hours × $30 (1.5×) = $60 overtime
- One day's pay: $160 + $60 = $220
- Week's gross pay: 5 × $220 = $1,100
Check it against the weekly count: 40 regular hours × $20 = $800, plus 10 overtime hours × $30 = $300 — $1,100 again. The daily and weekly triggers agree here because the same 10 hours are overtime under both. They are not added together.
Worked example 2: $25 an hour, one 14-hour day
A single brutal shift in an otherwise short week still earns premium pay in California — federal law would pay this day at straight time:
- First 8 hours: 8 × $25 = $200
- Hours 9–12 at time and a half: 4 × $37.50 = $150
- Hours 13–14 at double time: 2 × $50 = $100
- That day's pay: $200 + $150 + $100 = $450
At straight time the same 14 hours would be $350, so the California daily rules add $100 for this one shift.
Worked example 3: $20 an hour, seven days in a row
Work all seven days of the workweek, 8 hours a day (56 hours total), and the seventh day is paid at premium rates from the first hour:
- Days 1–5, first 40 hours: 40 × $20 = $800 regular pay
- Day 6 (hours 41–48, weekly overtime): 8 × $30 = $240
- Day 7, first 8 hours (seventh-day rule): 8 × $30 = $240
- Week's gross pay: $800 + $240 + $240 = $1,280
The seventh-day hours are overtime under the seventh-day rule, not stacked on top of the weekly rule — each hour is premium once. If the seventh day ran past 8 hours, those extra hours would be double time ($40 an hour).
At the California minimum wage
California's minimum wage is $16.90 an hour from 1 January 2026 (higher local and industry rates can apply). A 10-hour day at the minimum wage pays:
- First 8 hours: 8 × $16.90 = $135.20
- 2 overtime hours at 1.5× ($25.35): 2 × $25.35 = $50.70
- That day's pay: $135.20 + $50.70 = $185.90
The 4×10 exception: alternative workweek schedules
Four 10-hour days without daily overtime are possible in California, but only through a formally adopted alternative workweek schedule under Labor Code §511 — it needs a two-thirds vote of the affected work unit and must be filed with the DIR. Without an approved schedule, a 10-hour day always earns 2 hours of daily overtime. Under an approved 4×10 schedule, hours over 10 in a day are 1.5× and hours over 12 are 2×, and work on a non-scheduled day is 1.5× for the first 8 hours and 2× after that.
Who the rules do not cover
The daily and double-time rules apply to non-exempt employees. Executive, administrative and professional employees who meet California's salary and duties tests are exempt, as are some industry-specific groups (for example, certain agricultural and live-in domestic workers have their own schedules). Union contracts can also set different terms where the law allows. If you are unsure whether you are exempt, the DIR's FAQ and your applicable Industrial Welfare Commission wage order are the places to check.
How to check your pay stub
- Split each day: first 8 hours regular, hours 9–12 at 1.5×, hours past 12 at 2×.
- Check the seventh day separately: if you worked all seven days of the workweek, its first 8 hours are 1.5× and anything past 8 is 2×.
- Then check the week: any hours past 40 that were not already premium under the daily or seventh-day rules are 1.5×.
- Never add the same hour twice — daily, weekly and seventh-day premiums overlap, they do not stack.
- Confirm your regular rate first: shift differentials and promised bonuses count toward it, which raises the overtime rate too.
Skip the hand math any time: our free California daily overtime calculator runs all three triggers — enter your hours day by day and pick California in the timecard mode. The general formula is in our guide to how to calculate overtime pay, and tipped workers should also read whether tips count toward overtime.
Frequently asked questions
Do I get overtime for working more than 8 hours in a day in California?
Yes — for non-exempt employees, hours over 8 in a workday are 1.5×, even if your week never reaches 40 hours. Hours over 12 in a day are double time.
What is the seventh-day rule in California?
If you work seven consecutive days in a workweek, the first 8 hours on the seventh day are paid at 1.5× and any hours past 8 that day are 2× — whatever the weekly total.
Can my employer average my hours over two weeks?
No. Both the federal FLSA and California law apply workweek by workweek; averaging across two weeks is not permitted.
Does double time stack with weekly overtime?
No — the same hour is premium once. A 14-hour day in a 50-hour week is paid under the daily rule (1.5× then 2×), and the weekly rule only adds premium for hours not already covered.
Is a 4×10 schedule legal without daily overtime?
Only under a formally adopted alternative workweek schedule (Labor Code §511): a two-thirds vote of the work unit and a filing with the DIR. Without it, every hour past 8 in a day is overtime.
Sources
- U.S. Department of Labor, Wage and Hour Division — Fact Sheet #23: Overtime Pay Requirements of the FLSAOvertime at not less than time and one-half the regular rate for hours over 40 in a workweek; no averaging across workweeks.
- California Department of Industrial Relations (DIR) — Overtime FAQ1.5x over 8 up to 12 hours in a workday and for the first 8 hours on the 7th consecutive day; 2x over 12 hours in a workday and over 8 hours on the 7th consecutive day; 1.5x over 40 in a workweek.
- Alaska Department of Labor and Workforce Development — Wage and Hour FAQ1.5x for hours over 8 in a single day and/or over 40 in a single week; applies to employers with four or more employees.
- Nevada Office of the Labor Commissioner — Daily Overtime Bulletin (NRS 608.018)Employees paid less than 1.5 times the state minimum wage ($18.00/hr at the $12.00 minimum wage) get 1.5x after 8 hours in a 24-hour period and after 40 in a workweek; at or above that rate, weekly overtime only. A mutually agreed 4x10 schedule is an exception to the daily rule.
- Colorado Department of Labor and Employment — INFO #1: 2026 COMPS and PAY CALC Orders, Rule 41.5x for hours past 40 per week, 12 per day, or any 12 consecutive hours — whichever results in higher pay.
Rules checked 7 November 2026 against Labor Code §510 and the DIR overtime FAQ. This article is general information, not legal advice. Exemptions, alternative workweek schedules and union contracts can change the result.
More guides in the overtime pay blog, or run your own numbers in the overtime pay calculator.