California overtime rules
Non-exempt employees in California earn overtime under four rules. Each hour is paid once, at the highest rate that applies to it.
| When | Rate |
|---|---|
| Over 8 hours in a workday, up to 12 | 1.5x regular rate |
| Over 12 hours in a workday | 2x regular rate |
| First 8 hours on the 7th consecutive day in a workweek | 1.5x regular rate |
| Over 8 hours on the 7th consecutive day | 2x regular rate |
| Over 40 regular hours in a workweek | 1.5x regular rate |
Example: a week with a long Tuesday
You work 8 hours Monday, 10.5 hours Tuesday, 8 hours Wednesday and Thursday, and 6 hours Friday at $20.00 an hour. That is 40.5 hours. Under the federal rule only 0.5 hours would be overtime. In California, Tuesday has 2.5 hours of daily overtime, so the week has 38 regular hours and 2.5 overtime hours.
| Hours | Rate | Pay | |
|---|---|---|---|
| Regular | 38.00 | $20.00 | $760.00 |
| Overtime 1.5x | 2.50 | $30.00 | $75.00 |
| Total | 40.50 | $835.00 |
Workday and workweek
A workday is a 24-hour period that starts at the same time each day. A workweek is any fixed run of seven days, such as Sunday through Saturday. Your employer sets both. If your workweek does not start on Sunday, change Workweek starts in the calculator.
The seventh-day rule
If you work all seven days of one workweek, the first 8 hours on the seventh day are paid at 1.5x and any time after 8 hours is paid at 2x. Seven days in a row that cross from one workweek into the next do not count.
Meal and rest breaks
- A 30 minute unpaid meal break before the end of the fifth hour of work when you work more than 5 hours, and a second one when you work more than 10 hours. Some of these can be waived by agreement.
- A paid 10 minute rest break for every 4 hours worked, or major part of 4 hours.
- If a required break is not provided, the employer owes one extra hour of pay at your regular rate for that workday, once for meal breaks and once for rest breaks.
Enter only unpaid meal breaks in the calculator. Paid rest breaks are part of your hours worked.