California Overtime Calculator

Comprehensive Guide to California Overtime Law (Labor Code § 510)

California possesses the most rigorous, employee-protective wage and hour standards in the United States. While federal law under the Fair Labor Standards Act (FLSA) mandates overtime solely when an employee's total hours exceed 40 in a single workweek, California Labor Code Section 510 and the Industrial Welfare Commission (IWC) Wage Orders mandate both daily overtime, daily double-time, and special premium rates for working seven consecutive days.

The Three Tiers of California Overtime Compensation

Under California labor law, hours worked by non-exempt hourly employees are segmented into three distinct pay brackets:

1. Regular Pay (1.0× Base Rate)

The standard regular hourly rate applies to the first 8 hours worked in a single workday (defined as any consecutive 24-hour period starting at the same time each calendar day), up to a maximum of 40 regular hours per workweek.

2. Daily Overtime Pay (1.5× Time-and-a-Half)

An employer must compensate an employee at 1.5 times their regular rate of pay for:

• Any work performed beyond 8 hours up to and including 12 hours in a single workday.
• Any work performed beyond 40 regular hours in a single 7-day workweek.
• The first 8 hours worked on the seventh consecutive day of work in an established workweek.

3. Double-Time Pay (2.0× Base Rate)

California is one of the few jurisdictions in the nation with statutory double-time compensation. An employer must pay 2.0 times the regular hourly rate for:

• Any work performed beyond 12 hours in a single workday.
• Any work performed beyond 8 hours on the seventh consecutive day of work in a single workweek.

The 7th Consecutive Day Rule Explained

The "seventh consecutive day rule" is a common source of payroll miscalculations. Under California law, an employer establishes an official 7-consecutive-day workweek (for example, Monday 12:01 AM through Sunday midnight). If an employee performs compensable work on all seven days within that defined payroll cycle, the entirety of the seventh day is subject to premium statutory rates:

• Hours 1 through 8 on Day 7: Paid at 1.5× overtime, even if the worker only worked 2 or 3 hours on prior days.
• Hours 9 and beyond on Day 7: Paid at 2.0× double-time.

Important Note: The seven days must occur within the same established workweek. Working seven consecutive calendar days that span across the end of one payroll workweek into the start of the next workweek does not trigger the statutory 7th consecutive day rule under CA Labor Code § 510.

California Meal and Rest Break Penalties (Labor Code § 226.7)

California wage compliance requires strict adherence to mandatory break schedules:

• 30-Minute Meal Breaks: Non-exempt employees working more than 5 hours must be provided an uninterrupted, duty-free 30-minute meal break. A second 30-minute meal break is required for shifts exceeding 10 hours.
• 10-Minute Rest Breaks: Employees are entitled to a paid 10-minute rest break for every 4 hours of work (or major fraction thereof).
• One-Hour Premium Penalty: If an employer fails to provide a legally compliant meal or rest period, Labor Code § 226.7 mandates that the employer must pay the employee one additional hour of pay at their regular rate for each day a meal break was missed, and one additional hour for missed rest breaks.

Alternative Workweek Schedules (AWS) Exceptions

Under specific IWC Wage Orders, California employers may establish an Alternative Workweek Schedule (AWS)—such as a 4-day, 10-hour schedule (4/10)—without incurring daily overtime for the 9th and 10th hours. However, an AWS is strictly regulated:

• It must be approved by a two-thirds secret ballot vote of the affected work unit.
• The election results must be formally registered with the California Division of Labor Standards Enforcement (DLSE) within 30 days.
• Work beyond 10 hours in a day or beyond 40 hours in a week remains subject to 1.5× overtime, and work past 12 hours remains subject to 2.0× double-time.