Overtime laws California

California adds daily and seventh-day overtime rules to the federal baseline. Everhour supports overtime tracking for teams that need those tiers.

What will your overtime pay be?

Calculate regular and overtime earnings based on your hours and rate. Supports standard time-and-a-half and double-time multipliers.

Total hours including overtime

$

Typically 40h/week

Total pay this period
Regular pay$1,000.00
Overtime pay$300.00
OT hours8h

Everhour does it all — track, budget, report & invoice

The calculator gives you the number — Everhour takes it from there.

Go ahead — start tracking!

One click and you're timing. Start a timer, add an entry, edit the details. This is exactly how it feels in Everhour.

  • One-click timer — browser, desktop & mobile
  • Works inside Asana, ClickUp, Linear, GitHub & more
  • Simple setup, no learning curve
Works with your favorite tool:
Everhour — Time Tracking
Time Entries
01:24:00
00:31:00
01:07:00

No more budget surprises

Set a budget, assign rates, and get alerted before you're over.

  • Real-time cost tracking
  • Set different rates per person or project
  • Alerts before you hit the budget limit
Everhour — Budgeting
Acme Web Project
1
50% of budget used
$2,500.00of $5,000.00
$2,500.00 remaining
75%
Actual costRemaining cost

Measurement

Track your budget through time or costs

Simple, customizable reports

Every report you need — configured your way, always up to date.

  • See who does what in real time
  • Configure any report
  • Scheduled email reports
Everhour — Reports

Your invoice is ready!

Tracked hours flow straight into a polished invoice — no copy-paste, no manual math.

  • Billable hours straight into the invoice
  • Configure invoice templates
  • Copy invoices to QuickBooks or Xero
  • Invoicing dashboard with status
Everhour — Invoices
Your Company LLChello@yourcompany.com
INVOICE
Invoice #1042
Group by:
DescriptionHoursRateAmount
Website Redesign14h$150/h$2,100.00
Brand Guidelines7h$150/h$1,050.00
Marketing Strategy3.5h$150/h$525.00
Total Due$3,675.00
Try Everhour for real yourself

How California overtime is calculated

What this calculation answers

This calculation answers how much overtime pay is due to a covered nonexempt California employee for a specific workweek. The answer depends on daily hours, weekly hours, seventh consecutive day work, and the employee's regular rate of pay. California is stricter than the federal FLSA baseline because it can create overtime before an employee reaches 40 hours in the workweek.

The California Labor Commissioner's Office (DLSE/LCO), the Division of Labor Standards Enforcement within the California Department of Industrial Relations, handles California overtime and minimum-wage enforcement. For 2026, California's statewide minimum wage is $16.90 per hour, and some cities, counties, and covered industries require higher rates. The regular rate used for overtime may not be below the applicable minimum wage.

The California overtime formula

For covered nonexempt employees, California generally pays 1.5 times the regular rate for hours over 8 and up to and including 12 in a workday, hours over 40 in a workweek, and the first 8 hours on the seventh consecutive workday in a workweek. It pays 2 times the regular rate for hours over 12 in a workday and hours over 8 on the seventh consecutive workday.

Example: a covered nonexempt California employee works 13 hours Monday, 9 hours Tuesday, 8 hours Wednesday, 8 hours Thursday, and 6 hours Friday at a $25.60 regular rate. The week has 38 regular hours, 5 overtime hours at 1.5 times, and 1 double-time hour. Regular pay is $972.80, overtime pay is $192.00, double-time pay is $51.20, and total gross pay is $1,216.00.

Mistakes that change the result

The most common California mistake is treating the state as a weekly-only overtime state. A 9-hour day creates 1 overtime hour even when the weekly total stays under 40. A 13-hour day creates 4 hours at 1.5 times and 1 hour at 2 times. You cannot rely only on the federal baseline when California's daily or seventh-day rule gives the covered nonexempt employee a greater benefit.

Another mistake is using the base hourly rate when the regular rate is higher. California overtime is based on the regular rate of pay, which can include hourly earnings, salary, piecework earnings, commissions, shift differentials, and other remuneration. When an employee works at two or more rates for the same employer during the same workweek, California DLSE uses the weighted average: total weekly earnings divided by total weekly hours.

When calculation becomes workflow

A one-off calculation is enough when you are checking one employee, one fixed workweek, and one simple hourly rate. It also works for a quick audit of a day with more than 8 hours or a week with more than 40 hours. Keep the workday totals visible, because California overtime can turn on a single long shift even when the week looks ordinary.

A managed workflow is needed when approvals, corrections, seventh-day checks, payroll review, and audit history repeat every pay period. Everhour Overtimes supports daily and weekly overtime limits, 1.5 times and 2 times tiers, Team Hours overtime visibility, and payroll calculations based on employee hourly cost and tracked time. That makes the calculator result easier to turn into reviewed records.

This content is for general information only, may not be fully up to date, and is provided without any warranty or liability.

High Performer

G2

Summer 2026

Best Ease Of Use

Capterra

Summer 2026

Loved by teams. Proven everywhere.

Rated in the top time trackers across G2, Capterra, and TrustRadius — with consistent praise for ease of use, integrations, and support.

10K+Teams worldwide
90K+Installs Everhour extension
196M+Tasks completed
4M+Projects tracked

Frequently Asked Questions

Does California overtime start before 40 hours?

Yes. For covered nonexempt employees, California generally requires overtime after 8 hours in a workday, after 40 hours in a workweek, and for the first 8 hours on the seventh consecutive workday in a workweek. The federal FLSA baseline only requires overtime after 40 hours in a fixed 168-hour workweek, but the more protective applicable rule controls.

When does double time apply in California?

California double time generally applies to covered nonexempt employees for hours worked over 12 in a single workday and for hours worked over 8 on the seventh consecutive day of work in a workweek. Double time is paid at no less than 2 times the employee's regular rate of pay.

How do multiple hourly rates affect California overtime?

When an employee works at two or more rates for the same employer during the same workweek, California DLSE states that the regular rate is the weighted average: total earnings for the workweek divided by total hours worked. Use that weighted regular rate before applying 1.5 times or 2 times overtime multipliers.

Do California bonuses affect the regular rate?

A nondiscretionary bonus is included in the regular rate for California overtime when it compensates hours worked, production or proficiency, or incentivizes remaining with the employer. For flat-sum bonus overtime, California calculates the overtime adjustment by dividing the bonus by maximum legal regular hours in the bonus-earning period.

Can a California employee agree to waive overtime?

No. FLSA overtime cannot be waived by employer-employee agreement, and California's more protective overtime rights apply when they give the covered nonexempt employee the greater benefit. Compensatory time off generally cannot replace overtime pay under the FLSA except in special circumstances for state and local government employees.

How does Everhour calculate California-style overtime tiers?

Everhour Overtimes lets admins set daily and weekly overtime limits, then separates regular time, 1.5 times overtime, and 2 times double overtime. Team Hours can show overtime hours, and the Payroll dashboard calculates overtime pay and gross pay from employee hourly cost and tracked time.

How does Everhour help review overtime before payroll?

Everhour Timesheets let employees submit weekly project hours or working hours for approval before payroll review. Managers can approve, reject, partially approve, and lock submitted time, so later edits do not change reviewed overtime records without a clear correction step.

Turn overtime checks into records

Track approved hours, daily overtime, weekly overtime, and double-time tiers in Everhour Overtimes so California payroll review starts from structured time records, not spreadsheet reconstruction.

14-day free trial  ·  No credit card  ·  Cancel anytime

Or