California Daily Overtime and Double Time: The 8-Hour, 12-Hour and Seventh-Day Rules

In California, overtime is not just about the 40-hour week. Employees earn 1.5 times their regular rate for hours over 8 in a workday and over 40 in a workweek, and 2 times their regular rate (double time) for hours over 12 in a workday. The seventh consecutive day of work in a workweek has its own premium rules.

This guide explains the daily, weekly and seventh-day rules, works through a full week with dollar amounts, and notes how other states differ. California law has many exceptions, including alternative workweek schedules and exempt classifications, so confirm your situation with counsel or the California Labor Commissioner.

The daily overtime rules

Under California Labor Code section 510, the overtime tiers for a nonexempt employee are straightforward:

- Hours 1 to 8 in a workday: regular rate.

- Hours 9 to 12 in a workday: 1.5 times the regular rate.

- Hours over 12 in a workday: 2 times the regular rate.

- Hours over 40 in a workweek: 1.5 times the regular rate, counting only hours not already paid at an overtime rate.

The daily rule is the big difference from federal law, which has no daily overtime at all. An employee who works 10 hours on Monday has earned 2 hours of overtime in California even if the week never reaches 40.

The seventh consecutive day

When an employee works seven consecutive days in a workweek, the first 8 hours on the seventh day are paid at 1.5 times the regular rate, and hours beyond 8 on that day are paid at 2 times the regular rate. The rule is tied to the workweek, so an employer that sets a fixed workweek should apply it consistently.

For example, an employee at $25.00 per hour who works 9 hours on the seventh day earns 8 x $37.50 = $300.00, plus 1 x $50.00 = $50.00, for $350.00 for the day. There are narrow exceptions, so check the statute before applying the rule to part-time schedules.

A full week example

A nonexempt employee earns $25.00 per hour. In one workweek she works Monday 10 hours, Tuesday 13 hours, Wednesday 8, Thursday 8 and Friday 8, for a total of 47 hours.

Monday: 8 regular hours and 2 overtime hours. Tuesday: 8 regular hours, 4 overtime hours (hours 9 through 12), and 1 double-time hour (hour 13). Wednesday through Friday: 8 regular hours each. That gives 8 x 5 = 40 regular hours, 2 + 4 = 6 overtime hours, and 1 double-time hour.

The pay: 40 x $25.00 = $1,000.00 for regular hours. Overtime is 6 x ($25.00 x 1.5 = $37.50) = $225.00. Double time is 1 x ($25.00 x 2 = $50.00) = $50.00. The total is $1,000.00 + $225.00 + $50.00 = $1,275.00.

Notice that the weekly total of 47 hours did not create a second layer of overtime. The weekly rule applies only to hours not already paid as daily overtime or double time, so no hour is paid twice. A 40-hour weekly calculation would have been $25.00 x 40 + 7 x $37.50 = $1,262.50, which is $12.50 too little.

The regular rate in California

As under federal law, the regular rate for overtime purposes includes nondiscretionary bonuses and shift differentials, not just the base hourly rate. If the employee above also earned a $60 attendance bonus in the week, the straight-time total would rise and the regular rate would be a little higher than $25.00.

The hours behind that calculation must be tracked by day. An hourly total for the week cannot tell you how many hours were in each tier. Read how to calculate the regular rate of pay and overtime for the method.

Alternative workweek schedules

California law allows employers to adopt an alternative workweek schedule, such as four 10-hour days, through a secret ballot election and other required steps. When the schedule is validly adopted, overtime begins after the scheduled hours in the alternative workday, rather than after 8.

Think about a typical day shift on this schedule. An employee working 10 hours on a validly adopted 4/10 schedule earns no daily overtime for those 10 hours, but hours beyond 10 in the day are overtime, and hours beyond 12 are still paid at double time. The details of the election and the allowed schedules matter.

These schedules are tightly regulated and easy to get wrong. An invalid schedule means the standard 8-hour daily rule applies, and the employer owes the difference. Keep the adoption records and review them if your schedule changes.

Other states with daily rules

California is not the only state with daily overtime. Alaska and Nevada (for some workers) require overtime after 8 hours in a day, and Colorado requires overtime for hours over 12 in a day. Other states have industry-specific rules, such as limits for nurses or for minors.

If you have employees in more than one state, you need to apply the rule of each state to the hours worked there, and the federal rule as the floor. We compare state requirements in state wage and hour laws.

Overtime and the new tax deduction

The federal deduction for qualified overtime compensation covers only the premium that the FLSA requires, which is the "half" in time and a half for hours over 40 in the workweek. Premium pay that exists only because of California daily overtime or double time does not qualify. Employers report qualified overtime on Form W-2, Box 12, code TT, starting with tax year 2026.

Using the example above, the employee worked 47 hours, so the FLSA required premium is 7 hours x 0.5 x $25.00 = $87.50. California premium actually paid was 6 x $12.50 = $75.00 for overtime plus 1 x $25.00 = $25.00 for double time, or $100.00. Only the $87.50 qualifies, and the remaining $12.50 is premium required by state law alone. That split must come from accurate daily and weekly records. See no tax on overtime and W-2 reporting.

How SimpleWorkshift Helps With Daily Overtime

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