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California Daily Overtime Rules

California overtime law is stricter than federal FLSA in three ways. Daily threshold of 8 hours, daily double-time at 12, and special rules for the seventh consecutive workday. Here is the structure.

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Federal FLSA baseline

1.5x the regular rate for hours over 40 in a workweek.

California Labor Code overlay

  • 1.5x for hours over 8 in a single workday.
  • 2x for hours over 12 in a single workday.
  • 1.5x for the first 8 hours on the 7th consecutive workday in a workweek.
  • 2x for hours over 8 on that 7th consecutive workday.

Worked example

A non-exempt CA worker who works 12 hours Monday gets 8 hours regular plus 4 hours at 1.5x. If they work 14 hours, that is 8 hours regular, 4 at 1.5x, and 2 at 2x.

Alternative workweek schedules

CA permits alternative workweek schedules (e.g., four 10-hour days) under specific procedures including a two-thirds employee vote. Outside that, the standard daily-OT thresholds apply.

Salaried non-exempt

Salaried non-exempt CA workers also earn daily overtime. The hourly equivalent is calculated from salary times 12 divided by 52 divided by 40.

Authoritative source

California Labor Commissioner (DLSE)

Frequently asked questions

Does California have daily overtime?
Yes. 1.5x over 8 hours per day, 2x over 12 hours per day, plus the 7th-consecutive-day rules.
Can my California employer make me work 12+ hour days at straight time?
Only if you are exempt from FLSA. Non-exempt workers earn 1.5x for hours 9-12 and 2x for hours 13+, regardless of weekly total.
What is the 7th-day rule?
If you work 7 consecutive days in a workweek, the first 8 hours of the 7th day are at 1.5x and any hours over 8 on that day are at 2x.

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