About

California imposes the most complex overtime framework in the United States. Unlike federal FLSA rules that only track weekly totals, CA Labor Code §510 layers daily overtime (1.5× after 8 hrs), daily double-time (2× after 12 hrs), and a 7th-consecutive-day premium on top of weekly overtime exceeding 40 hrs. Misclassifying even one hour across these tiers exposes employers to back-pay liability, waiting-time penalties, and PAGA claims. This calculator applies the California "greatest benefit" stacking method: daily premium hours are credited first, then residual weekly hours above 40 are checked. It assumes non-exempt, non-alternative-workweek employees.

Limitations: the tool does not model Alternative Workweek Schedules (AWS) under §511, makeup time provisions, or split-shift premiums. Meal and rest period penalties are excluded. For piece-rate or commission workers, the regular rate of pay must be pre-calculated before entry. Inputs accept decimal hours (e.g., 8.5), reflecting actual timekeeping precision.

Formulas

California overtime pay is computed by classifying each hour worked into one of several rate tiers. The daily analysis takes precedence, and residual regular hours feed into the weekly overtime check.

P_gross = H_reg ⋅ R + H_ot ⋅ 1.5 ⋅ R + H_dt ⋅ 2 ⋅ R + H_wot ⋅ 1.5 ⋅ R

For each day i (where i ≠ 7th consecutive day):

H_reg,i = min(h_i, 8)

H_ot,i = min(max(h_i − 8, 0), 4)

H_dt,i = max(h_i − 12, 0)

For the 7th consecutive workday (all days 1 - 6 must have > 0 hours):

H_7reg = min(h₇, 8) at 1.5×

H_7dt = max(h₇ − 8, 0) at 2×

Weekly overtime residual (hours above 40 not already counted as daily OT/DT):

H_wot = max(H_reg,total − 40, 0)

Where P_gross = gross weekly pay, R = regular hourly rate, h_i = hours worked on day i, H_reg = total regular hours, H_ot = total daily overtime hours, H_dt = total daily double-time hours, H_wot = weekly overtime residual hours. The "greatest benefit" rule ensures overlapping tiers credit the employee at the higher rate.

Reference Data

Overtime Tier	Trigger	Rate Multiplier	Legal Basis
Daily Regular	≤ 8 hrs/day	1.0×	CA Labor Code §510(a)
Daily Overtime	> 8 and ≤ 12 hrs/day	1.5×	CA Labor Code §510(a)
Daily Double-Time	> 12 hrs/day	2.0×	CA Labor Code §510(a)
Weekly Overtime	Total > 40 hrs/week (residual)	1.5×	CA Labor Code §510(a)
7th Day Regular	First 8 hrs on 7th consecutive day	1.5×	CA Labor Code §510(b)
7th Day Double-Time	> 8 hrs on 7th consecutive day	2.0×	CA Labor Code §510(b)
CA Minimum Wage (2024, 26+ employees)	Baseline hourly floor	16.00 $/hr	CA Labor Code §1182.12
CA Minimum Wage (2024, fast food)	Fast food sector	20.00 $/hr	AB 1228
CA Minimum Wage (2024, healthcare)	Healthcare sector (phased)	23.00 $/hr	SB 525
Federal FLSA Weekly OT	> 40 hrs/week only	1.5×	29 USC §207(a)
Alternative Workweek (AWS)	Up to 10 hrs/day at regular rate	1.0×	CA Labor Code §511
Makeup Time	Voluntary, pre-requested by employee	1.0× (up to 11 hrs/day)	CA Labor Code §513
Exempt Salary Threshold (2024)	Minimum annual for exemption	66,560 $/yr	CA Labor Code §515
Penalty: Willful Underpayment	Each pay period violation	100 $ initial, 200 $ subsequent	CA Labor Code §1194.2
Waiting Time Penalty	Up to 30 days of daily wages	Full daily rate × 30	CA Labor Code §203

Frequently Asked Questions

California applies a "greatest benefit" stacking approach. Daily overtime and double-time hours are identified first for each day. The regular hours (up to 8 per day) are then summed across the week. If those regular hours exceed 40, the excess becomes weekly overtime at 1.5× the regular rate. Hours already paid at daily OT or DT rates are not double-counted. This means an employee working 6 days × 9 hours (54 total) gets 6 hours of daily OT (1 per day beyond 8) plus the remaining 48 − 6 = 48 regular-equivalent minus the 6 OT = 48 regular hours, of which 8 exceed 40, yielding 8 hours of weekly OT.

The 7th-day premium under CA Labor Code §510(b) triggers when an employee works all 7 days within a single workweek. The workweek is defined by the employer (commonly Sunday - Saturday or Monday - Sunday). On the 7th consecutive day, the first 8 hours are paid at 1.5× and any hours beyond 8 are paid at 2×. Critically, the 7th day is determined by calendar position within the defined workweek, not by which specific day of the week it falls on. If any of the preceding 6 days has zero hours, the 7th-day premium does not apply.

No. Under CA Labor Code §511, employers may adopt an AWS through a formal employee vote, allowing up to 10-hour days without daily overtime. This calculator assumes a standard 8-hour daily threshold. If your workplace operates under an approved AWS, you must adjust the daily OT trigger from 8 to 10 hours. Inputting AWS hours into this tool will overstate overtime pay.

Enter decimal hours. For example, 8 hours 15 minutes = 8.25, 8 hours 30 minutes = 8.5, 8 hours 45 minutes = 8.75. The calculator processes fractional hours with full precision. Most payroll systems round to the nearest 0.25, 0.1, or 0.01 hour. California law requires rounding practices to be neutral over time (not systematically favoring the employer).

For employees earning different hourly rates during the same workweek, you must compute a weighted average regular rate. Sum total earnings at all rates, then divide by total hours worked. Enter that blended rate here. Alternatively, California permits the "rate in effect" method where OT is calculated at the rate being earned when the overtime occurs, but only if this yields a higher result. This tool uses a single rate input.

Yes. Under CA Labor Code §1194.2, willful underpayment carries penalties of $100 per initial violation and $200 per subsequent violation per employee per pay period, plus 25% liquidated damages on unpaid wages. Waiting time penalties under §203 can add up to 30 days of full daily wages if final pay is late. PAGA (Private Attorneys General Act) claims allow employees to sue on behalf of the state, adding $100 - $200 per violation per pay period. Accurate overtime calculation is not optional.