Daily overtime, weekly overtime, and the seventh day
California daily 8/12
California adds daily overtime on top of the federal workweek. Hours over 8 in a day are 1.5×, hours over 12 are 2×, and the seventh consecutive day has its own rule.
Daily tiers are evaluated per calendar day, including hours after midnight for an overnight shift.
The seventh consecutive day: first 8 hours at 1.5×, after 8 at 2×.
How it works
Apply daily tiers first, then compare the workweek total with 40 hours. Daily and weekly overtime are not double-counted: the result that pays more wins.
The tiers
- 0–8 hours/day
- Regular rate
- 8–12 hours/day
- 1.5× regular rate
- Over 12 hours/day
- 2× regular rate
- Over 40 hours/week
- 1.5×, not double-counted with daily overtime
- Seventh consecutive day
- First 8h at 1.5×, after 8h at 2×
Example
4 days × 10 hours = 40 hours → 8 daily overtime hours (2 hours/day at 1.5×).
The federal 40-hour rule produces 0 overtime hours for the same week.
Who it applies to
For nonexempt employees covered by California wage orders. California rules are state-specific; other states have different daily thresholds and premium rates.
Good to know
- California employers must also follow federal law; the employee generally gets the more protective result.
- Paycheck Correct estimates the overtime premium from the weighted average of hourly earnings; tips and bonuses are not included in the overtime base in v1.