Under California overtime laws you earn after 40 hours in a workweek at 1.5 times the regular rate, and after 8 in a day at time and a half, 12 in a day at double time; the first 8 hours on the 7th day of a workweek at time and a half and over 8 on that day at double time. The minimum wage is $16.90.
This guide gives the exact california overtime laws rule with the date we verified it, the statute, and what to do next. Rules verified against California Labor Commissioner’s Office (DLSE) on 2026-10-08; confirm the current rule with California Labor Commissioner’s Office (DLSE) or an attorney before you rely on it.
California Overtime Laws at a Glance
| Minimum wage | $16.90 |
| Weekly overtime | After 40 hours in a workweek at 1.5 times the regular rate |
| Daily overtime | After 8 in a day at time and a half, 12 in a day at double time; the first 8 hours on the 7th day of a workweek at time and a half and over 8 on that day at double time |
| Rate | 1.5 times the regular rate (double time only where the row says so) |
| State overtime statute | Yes |
In This California Overtime Laws Guide:
California Overtime Laws: The Rules
After 40 hours in a workweek at 1.5 times the regular rate. After 8 in a day at time and a half, 12 in a day at double time; the first 8 hours on the 7th day of a workweek at time and a half and over 8 on that day at double time.
The overtime rate is one and a half times your regular rate of pay — the regular rate includes non-discretionary bonuses and shift differentials, not just the base wage. Alternative workweek schedules adopted under Labor Code 510-511 change the daily trigger.
How to Calculate Overtime Under California Overtime Laws
Take your total pay for the week, divide by the hours you worked to get the regular rate, and multiply the overtime hours by 1.5 times that rate. A worker paid $16.90 an hour who works 48 hours in a 40-hour state is owed 8 hours at time and a half.
Salary does not mean exempt: a salaried worker below the exemption tests still gets overtime on the hours over the threshold.
California Overtime Laws at a Glance
Rules verified against California Labor Commissioner’s Office (DLSE) on 2026-10-08; confirm the current rule with California Labor Commissioner’s Office (DLSE) or an attorney before you rely on it. The statute row is where to check it yourself.
| Minimum wage | $16.90 |
| Weekly overtime | After 40 hours in a workweek at 1.5 times the regular rate |
| Daily overtime | After 8 in a day at time and a half, 12 in a day at double time; the first 8 hours on the 7th day of a workweek at time and a half and over 8 on that day at double time |
| Rate | 1.5 times the regular rate (double time only where the row says so) |
| State overtime statute | Yes |
Who Is Exempt From California Overtime Laws
The main jobs exempt from overtime in California are salaried executives, administrators and professionals (such as licensed doctors, lawyers and teachers), along with outside salespeople. For the executive, administrative and professional exemptions, the state generally requires a salary of at least twice the state minimum wage for full-time work. The worker must also spend more than half of their time on exempt duties.
Job titles alone do not decide exempt status.
Daily Overtime and California Overtime Laws
California is one of the few states with daily overtime: after 8 in a day at time and a half, 12 in a day at double time; the first 8 hours on the 7th day of a workweek at time and a half and over 8 on that day at double time. California generally does not allow private employers to give comp time instead of overtime pay to non-exempt workers.
A separate “make-up time” option exists only for time off a worker asks for in writing, and it does not replace overtime that has already been earned.
Is Overtime Taxed Differently Under California Overtime Laws?
No — overtime is ordinary wages and is taxed at the same income-tax rates as the rest of your pay; it can push more of your pay into a higher withholding bracket on one check, but the annual tax rate does not change. California does not allow a tip credit, so employers must pay at least the full state minimum wage before tips.
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Tips belong to the worker and cannot be used to cover any part of minimum wage or overtime pay.
How to Claim Unpaid Overtime Under California Overtime Laws
Most California workers file a wage claim with the Labor Commissioner’s Office using the Initial Report or Claim form (DLSE Form 1), online, by mail, or in person at a local office. You may also file a complaint with the U.S. Department of Labor’s Wage and Hour Division, but the state route usually covers more because California’s overtime rules are broader.
The state’s look-back period is set by statute and is shown in the verified figures on this page, so confirm your dates with the Labor Commissioner before filing.
Other California Overtime Laws Rules to Know
California pays overtime by the day as well as by the week. It also requires double time for very long workdays and has a special rule for the seventh consecutive day worked in a workweek. Some workplaces use an employee-voted “alternative workweek schedule” that changes when daily overtime starts, so confirm with the Labor Commissioner whether one applies to your job.
Think you are owed overtime? The wage-claim agency takes the complaint for free.
California — the bottom line
- California overtime laws start the premium after 40 hours in a workweek at 1.5 times the regular rate — count the week, not the day, except that after 8 in a day at time and a half, 12 in a day at double time; the first 8 hours on the 7th day of a workweek at time and a half and over 8 on that day at double time.
- Under california overtime laws the rate is 1.5 times the regular rate, and the regular rate includes your bonuses and differentials.
- California overtime laws are enforced by a free wage claim — you do not need a lawyer to recover unpaid overtime.
Frequently Asked Questions
When do I get overtime under California overtime laws?
After 40 hours in a workweek at 1.5 times the regular rate. After 8 in a day at time and a half, 12 in a day at double time; the first 8 hours on the 7th day of a workweek at time and a half and over 8 on that day at double time.
What is the overtime rate in California?
One and a half times your regular rate of pay, which includes non-discretionary bonuses and shift pay.
Does California have daily overtime?
After 8 in a day at time and a half, 12 in a day at double time; the first 8 hours on the 7th day of a workweek at time and a half and over 8 on that day at double time.
Can my employer give comp time instead of overtime pay in California?
California generally does not allow private employers to give comp time instead of overtime pay to non-exempt workers.
How do I claim unpaid overtime in California?
Most California workers file a wage claim with the Labor Commissioner’s Office using the Initial Report or Claim form (DLSE Form 1), online, by mail, or in person at a local office. You may also file a complaint with the U.S.
Official California Sources & Resources
- California Labor Commissioner’s Office (DLSE): https://www.dir.ca.gov/dlse/
- California statute (Alternative workweek schedules adopted under Labor Code 510-511 change the daily trigger.): https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=510
- Verified source: https://www.dol.gov/agencies/whd/minimum-wage/state
- U.S. Department of Labor, Wage and Hour Division — state payday requirements: dol.gov
This california overtime laws guide was last verified against official California sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
More California Workplace Rights Guides
- California Break Laws: Meal and Rest Breaks
- California Final Paycheck Law: Deadlines and Penalties
- California Labor Laws: Every Rule in One Place
- California Unemployment Benefits: How Much and How Long
- Unemployment and Workplace Rights Guides for All 50 States
Disclaimer: This guide is general information, not legal or financial advice. My Unemployment Rights is an independent educational resource, not a government agency and not a law firm. Final-paycheck deadlines, penalties and non compete rules change — every figure here carries the date we verified it. Confirm the current rule with your state labor department or a licensed attorney before you act.