California pays overtime by the day, not just the week: non-exempt employees earn 1.5× after 8 hours in a workday and 2× after 12 — on top of the weekly 40-hour rule and special rates for the 7th consecutive workday. It is the most protective overtime regime in the US, and the one most calculators silently get wrong.
The complete rule set
For non-exempt California employees (Labor Code §510):
| Situation | Rate |
|---|---|
| Over 8 hours in a workday | 1.5× |
| Over 40 hours in a workweek | 1.5× |
| First 8 hours on the 7th consecutive workday of a workweek | 1.5× |
| Over 12 hours in a workday | 2× |
| Over 8 hours on the 7th consecutive workday | 2× |
Two principles keep the math sane:
- No pyramiding. A 10-hour day creates 2 daily OT hours; those 2 hours don’t also push the weekly counter toward 40. You’re paid the highest single applicable rate for each hour, not stacked rates.
- The workday and workweek are fixed. Employers define them once (e.g., workday = midnight to midnight); they can’t slide around to dodge thresholds.
Worked example 1 — the long Tuesday
Maria earns $25/hour and works 8 / 13 / 8 / 8 / 8 = 45 hours:
- Tuesday’s 13 hours = 8 regular + 4 OT (hours 9–12) + 1 double time (hour 13).
- Weekly check: regular hours total 40 (8+8+8+8+8) — the daily-OT hours don’t recount. No extra weekly OT.
- Pay: 40 × $25 + 4 × $37.50 + 1 × $50 = $1,000 + $150 + $50 = $1,200.
A federal-only calculator says 40 + 5 OT = $1,187.50 — $12.50 short, every week.
Worked example 2 — seven days straight
Dev works 6 hours every day for 7 consecutive days (42 hours):
- Days 1–6: all regular (each ≤ 8h).
- Day 7: the first 8 hours are 1.5× — all 6 of Dev’s hours that day are overtime purely because it’s the 7th consecutive day.
- Weekly check on regular hours: 36 — under 40, nothing more.
That’s 36 regular + 6 OT, even though no single day was long.
The 4×10 trap
Four 10-hour days = 40 hours: zero federal overtime, but in California each day carries 2 OT hours — 8 per week — unless the employer adopted an Alternative Workweek Schedule (AWS) through a formal secret-ballot election and registration. If you work 4×10s, ask whether an AWS exists; the difference is about $2,340/year at $18/hour.
Check your own paycheck
Select the California preset in the time card calculator or overtime calculator — daily 8/12, the 7th-day rules and no-pyramiding are all applied per day automatically. Compare its gross with your stub; if they disagree, the per-day breakdown shows exactly where.
This guide covers the general private-sector rules; exemptions, alternative schedules and union (CBA) provisions can change the answer. For disputes, the California Labor Commissioner’s office is the authority.