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)