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.

Workday24 hours
0–8h8–12h12–24h

Daily tiers are evaluated per calendar day, including hours after midnight for an overnight shift.

Workweek40 hours
0–40hOver 40h → 1.5×, max with daily

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.

Sources

Last reviewed October 20, 2026. This is a simplified summary, not legal, tax, or payroll advice.

Other supported rules

Need to check a paycheck? Use the rule that matches your pay stub, record the hours, and compare the gross pay. If the result looks wrong, bring the hours and the estimate to your employer or payroll provider.