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California daily overtime: the 8/12 rules
California is one of the few states with daily overtime. Where federal law only starts overtime after 40 hours in a week, California also pays premiums inside a single day — after 8 hours at time and a half, and after 12 at double time.
The three thresholds
| Hours in a workday | Pay rate |
|---|---|
| Up to 8 hours | Regular pay |
| Over 8 up to 12 hours | 1.5× (time and a half) |
| Over 12 hours | 2× (double time) |
Weekly overtime also applies: over 40 hours in a workweek is 1.5×, and hours already paid at a daily premium are not counted again toward the weekly threshold — no double-dipping for the employer, no double-counting error for you.
The 7th consecutive day
Work seven consecutive days in a workweek and the seventh day itself carries premiums: the first 8 hours at 1.5× and everything past 8 hours at 2×. Rest days matter: a genuine day off mid-week resets the count, and the rule applies per workweek, not per calendar week.
Meal periods interact with overtime
California requires a duty-free 30-minute meal period by the end of the fifth hour. A missed or short meal period earns the employee one hour of premium pay — separate from overtime. Break time paid as rest (10 minutes per 4 hours) stays in paid time.
Worked example
A shift from 6:00 am to 7:00 pm with a 60-minute unpaid lunch is 12 paid hours: the first 8 at regular pay, the next 4 at 1.5×. Come in at 5:00 am and leave at 7:00 pm the same day and the last hour is double time. At $20 an hour that 13-hour day pays $160 regular + $120 overtime + $40 double time = $320 before deductions. Check the whole week under the California preset in the calculator — it applies the daily thresholds, the 7th-day rule, and weekly overtime in one pass.
Who is covered
Most non-exempt employees in California are covered; exempt executive, administrative and professional employees are not. Other states add their own daily thresholds — Colorado, Nevada and Alaska among them — and you can model those with the custom thresholds option. This page is general information, not legal advice; for a specific dispute contact the California DIR or a wage-and-hour attorney.
Last updated: October 18, 2026.