Compliance guide
California overtime law
California Labor Code §510 sets overtime rules that are significantly stricter than the federal 40-hour-per-week standard — most of them apply per day, not just per week.
The daily and weekly thresholds
- Daily overtime (1.5×): any hours worked beyond 8 in a single workday, up to 12.
- Daily double time (2×): any hours worked beyond 12 in a single workday.
- Weekly overtime (1.5×): hours that exceed 40 in the workweek, counted only from hours not already paid as daily overtime or double time.
Because the daily thresholds exist at all, an employee can earn overtime in a week where they never come close to 40 total hours — for example, a single 10-hour shift already triggers 2 hours of daily overtime, regardless of how few days they work that week.
The 7th-consecutive-day rule
If an employee works all 7 days of the workweek, California requires overtime pay for the first 8 hours worked on that 7th day, and double time for anything beyond 8 hours on it. This rule is workweek-scoped — it only applies when every day of that specific Sunday-through-Saturday period was worked; a day off anywhere in the week means the standard daily and weekly rules apply instead.
Common mistakes
- Only tracking hours against the weekly 40-hour mark and missing daily overtime entirely.
- Double-counting the same hours toward both a daily overtime rate and the weekly overtime calculation.
- Applying the 7th-consecutive-day premium based on the calendar week instead of the employee's actual worked-day streak within that workweek.
This page is for general informational purposes and reflects our understanding of California law as of this writing — it isn't legal advice. Labor law changes and specific situations vary; consult an employment attorney for guidance for your business.