How is California double time calculated?

California double time is calculated by multiplying an employee's regular rate of pay by exactly 2.0 (not 1.5× and not double minimum wage). Under Labor Code § 510, double time is legally required in two scenarios: (1) for all hours worked beyond 12 in a single workday, and (2) for all hours worked beyond 8 on the 7th consecutive day of work in a designated workweek. For example, at a regular rate of $20.00/hr, the statutory double-time rate is $40.00/hr.

Are salaried employees in California entitled to overtime pay?

Yes, unless they qualify for a bona fide white-collar exemption under Labor Code § 515. To be exempt in California, an employee must satisfy a strict quantitative duties test (spending >50% of work time on exempt tasks) AND earn a guaranteed salary of at least twice the state minimum wage ($70,304.00/year or $1,352.00/week in 2026). Salaried non-exempt employees must be paid overtime with their regular rate calculated strictly as Weekly Salary ÷ 40 (Labor Code § 515(d)).

How are bonuses and commissions counted in the California overtime regular rate?

Under California DLSE regulations, all non-discretionary bonuses, sales commissions, and shift differentials must be factored into the regular rate of pay before computing overtime premiums. The bonus compensation is combined with hourly straight-time pay and divided across hours worked to determine the augmented regular rate. Employers cannot pay overtime solely on base hourly wages while excluding earned production bonuses.

What are the California overtime rules for the 6th and 7th consecutive days?

Working on a 6th consecutive day in a workweek is paid under standard daily and weekly rules (1.5× for hours over 8 daily or once total weekly regular hours exceed 40). However, working all 7 consecutive days within a single employer-designated workweek triggers Labor Code § 510 premium pay: the first 8 hours on the 7th day must be paid at 1.5× time-and-a-half, and all hours worked beyond 8 on that 7th day must be paid at 2.0× double time.

How does California prevent double-counting of daily and weekly overtime?

California Labor Code § 510 enforces a strict anti-pyramiding rule. An employer is never required to double-count or 'pyramid' the same overtime hour. Hours that have already been compensated at daily overtime (1.5×) or daily double time (2.0×) do not count toward the weekly 40-hour threshold. Only straight-time regular hours accumulate toward the 40-hour weekly threshold, ensuring the worker receives the greater benefit without duplicate overtime pay for the exact same hour.

California Overtime Calculator Guide 2026: Worked Examples, Regular Rate & Double-Time Math

Q: Does California have daily overtime?

Yes. Under California Labor Code § 510, California is one of only four states with mandatory daily overtime. Non-exempt employees earn 1.5× their regular rate of pay for all hours worked over 8 up to 12 in a single workday, and 2.0× double time for all hours worked over 12 in a single workday. These daily rules apply independently of whether your weekly hours exceed 40.

Direct AnswerLabor Code § 510

California pays 1.5× the regular rate for hours over 8 in a day (up to 12) and over 40 in a week, and 2× for hours over 12 in a day and over 8 on the 7th consecutive day — Labor Code § 510.

California Minimum Wage 2026: $16.90/hr (effective January 1, 2026). Time-and-a-half at minimum wage is $25.35/hr; statutory double time is $33.80/hr.
Exempt Salary Floor: $70,304.00/year ($1,352.00/week), exactly twice the state minimum wage for full-time employment (Labor Code § 515).
Salaried Non-Exempt Regular Rate: Calculated strictly as Weekly Salary ÷ 40 (Labor Code § 515(d)). California law strictly prohibits the federal fluctuating workweek (FWW) method.
Regular Rate Components: Base hourly wages plus non-discretionary bonuses, sales commissions, and shift differentials divided by all applicable hours.
Strict Anti-Pyramiding: Daily and weekly overtime never double-count the same hour. The employee is paid the greater entitlement, never both for the same hour.
Alternative Workweek Schedules (AWS): Allowed under Labor Code § 511 (e.g. 4/10 schedule) only after a two-thirds secret-ballot employee vote and formal registration with the DLSE.
Federal Tax Deduction Trap: The federal OBBBA § 225 overtime tax deduction applies exclusively to the FLSA weekly 0.5× slice over 40 hours; it does NOT cover California daily overtime, 7th-day premiums, or 2.0× double time.

How to calculate overtime in California — step by step

Calculating overtime pay in California requires an employer to follow five sequential mathematical steps for each designated workweek. Because daily overtime and double-time rules trigger independently of weekly hours, every workday must be audited individually before running weekly totals:

Step 1: Determine the Regular Rate of Pay:Establish the worker's true hourly regular rate. The regular rate cannot fall below the California minimum wage ($16.90/hr in 2026). If the employee earned non-discretionary performance bonuses, commissions, or shift differentials, add those payments to straight-time earnings before establishing the regular rate.
Step 2: Calculate Daily Overtime (1.5× Regular Rate):For each workday in the workweek, identify hours worked between 8 and 12. These hours are daily overtime hours, compensated at 1.5× the regular rate.
Step 3: Calculate Daily Double Time (2.0× Regular Rate):For each workday, identify any hours worked beyond 12. These hours are statutory double-time hours, compensated at 2.0× the regular rate.
Step 4: Audit the 7th Consecutive Day Rule:If the employee worked all seven consecutive days within a single employer-established workweek, the first 8 hours on the 7th day must be paid at 1.5×, and any hours beyond 8 on that 7th day must be paid at 2.0× double time.
Step 5: Audit Weekly Hours (Anti-Pyramiding Check):Calculate total weekly hours. Under California's anti-pyramiding statute, hours already compensated under daily overtime (1.5×) or daily double time (2.0×) do not count toward the 40-hour weekly baseline. Only regular straight-time hours (up to 8 per standard workday) accumulate toward the 40-hour weekly threshold. Any remaining regular hours worked beyond 40 are paid at 1.5×.

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California overtime calculation examples

Below are five checked, step-by-step mathematical examples demonstrating how California overtime, double time, regular rate bonus adjustments, salaried non-exempt pay, and the 7th consecutive day rule work in practice:

Worked Example 1One Long Day • $20.00/hr • 14 Hours Worked

An hourly worker earning $20.00 per hour works an extended 14-hour shift on Tuesday and zero hours the rest of the week (14 total weekly hours). Here is the statutory pay calculation:

Step 1

First 8 Hours (Straight Time):

Paid at the standard regular rate (1.0×):

8 hours × $20.00 / hr = $160.00 Regular Pay

Step 2

Hours 8 Through 12 (4 Daily Overtime Hours):

Paid at time-and-a-half (1.5× regular rate = $30.00/hr):

4 hours × $30.00 / hr = $120.00 Daily Overtime Pay

Step 3

Hours Over 12 (2 Daily Double-Time Hours):

Paid at statutory double time (2.0× regular rate = $40.00/hr):

2 hours × $40.00 / hr = $80.00 Double-Time Pay

Total

Total Gross Compensation:

Summing all three statutory pay tiers:

$160.00 + $120.00 + $80.00 = $360.00 Total Gross Pay

Federal FLSA Contrast: Under federal FLSA law, because weekly hours did not exceed 40, the employee would receive only straight-time pay: 14 hours × $20 = $280.00 ($0 overtime). California law delivers $360.00—putting +$80.00 in premium pay into the worker's pocket.

Worked Example 2Full Week Anti-Pyramiding • $22.00/hr • 44 Hours Worked

An employee earning $22.00 per hour works Monday through Friday with daily hours of 10, 10, 8, 8, and 8 (44 total weekly hours). Here is how California's anti-pyramiding rule applies:

Step 1

Audit Daily Shifts for Overtime:

Evaluate each workday for hours exceeding 8:

Monday (10 hrs): 8 regular hours + 2 daily overtime hours
Tuesday (10 hrs): 8 regular hours + 2 daily overtime hours
Wednesday (8 hrs): 8 regular hours + 0 overtime hours
Thursday (8 hrs): 8 regular hours + 0 overtime hours
Friday (8 hrs): 8 regular hours + 0 overtime hours

Total Daily Overtime = 2 + 2 = 4 Daily Overtime Hours

Step 2

Perform Weekly Overtime Check (Anti-Pyramiding):

Subtract daily overtime hours from total weekly hours to find regular hours:

44 total hours − 4 daily overtime hours = 40 Regular Hours

Because regular hours do not exceed 40, the weekly check yields the same 4 overtime hours, not 8. The daily overtime hours are never double-counted.

Step 3

Calculate Total Gross Earnings:

Regular straight-time earnings (40 hrs × $22.00 = $880.00) plus overtime (4 hrs × $33.00 = $132.00):

40 × $22.00 ($880.00) + 4 × $33.00 ($132.00) = $1,012.00 Total Gross Pay

Anti-Pyramiding Rule in Action: An employer does NOT owe 4 hours of daily overtime PLUS 4 hours of weekly overtime (8 premium hours). California law ensures the employee receives 4 hours at time-and-a-half ($1,012.00 total gross).

Worked Example 3Regular Rate With Bonus • $22.00/hr • 45 Hours • $200 Bonus

An employee earning a base rate of $22.00 per hour works 45 hours in a week and earns a $200.00 non-discretionary production bonus. Here is the statutory regular rate and overtime calculation:

Step 1

Calculate Total Straight-Time Compensation:

Multiply base hourly wage by total hours worked, then add the non-discretionary bonus:

Base Hourly Pay: 45 hours × $22.00 / hr = $990.00
Total Compensation: $990.00 + $200.00 bonus = $1,190.00

Step 2

Calculate California Regular Rate of Pay:

Divide total straight-time compensation by total hours worked:

Regular Rate = $1,190.00 ÷ 45 hours = $26.44 / hour

Step 3

Calculate Overtime Premium Due (5 Overtime Hours):

Because straight-time pay ($22.00/hr) is already paid across all 45 hours in Step 1, the employer owes the additional half-time (0.5×) premium on the regular rate for the 5 overtime hours:

Overtime Premium = 5 hours × (0.5 × $26.44) = 5 × $13.22 = $66.10

Step 4

Calculate Total Gross Pay:

Add the overtime premium to total straight-time compensation:

$1,190.00 + $66.10 = $1,256.10 Total Gross Pay

Payroll Mistake Warning: If the employer improperly calculated overtime based only on the $22.00 base rate (5 × $11.00 = $55.00 premium), they would underpay the employee by $11.10. Under California DLSE rules, excluding non-discretionary bonuses from the regular rate constitutes an illegal wage violation.

Worked Example 4Salaried Non-Exempt • $1,200.00 Weekly Salary • 45 Hours

A salaried non-exempt employee in California receives a guaranteed salary of $1,200.00 per week and works 45 hours during a busy workweek. Here is their statutory pay calculation:

Step 1

Determine Regular Hourly Rate (Labor Code § 515(d)):

Under California law, a salaried non-exempt employee's regular rate is strictly calculated by dividing weekly salary by 40 hours:

Regular Rate = $1,200.00 weekly salary ÷ 40 hours = $30.00 / hour

Step 2

Calculate Overtime Rate (1.5×):

Multiply the regular rate by 1.5:

Overtime Rate = 1.5 × $30.00 = $45.00 / hour

Step 3

Calculate Overtime Pay and Total Gross Pay:

The weekly salary covers exactly 40 regular hours. The worker must receive 1.5× the regular rate ($45.00/hr) for all 5 overtime hours:

Overtime Pay = 5 hours × $45.00 / hr = $225.00
Total Gross Pay = $1,200.00 base salary + $225.00 overtime = $1,425.00 Total Pay

California Rejection of FWW: Under federal fluctuating workweek (FWW), an employer would divide $1,200 by 45 hours = $26.67/hr and pay only half-time ($13.33 × 5 = $66.67), totaling $1,266.67. California law rejects FWW and mandates $1,425.00—putting an extra +$158.33 into the worker's paycheck.

Worked Example 57th Consecutive Day Rule • $20.00/hr • 10-Hour 7th Day

An hourly worker earning $20.00 per hour works all seven consecutive days in an employer's designated workweek. On the 7th consecutive day, they work a 10-hour shift. Here is the pay owed for that 7th day:

Step 1

First 8 Hours on 7th Day (Time-and-a-Half):

Under Labor Code § 510, the first 8 hours on the 7th consecutive workday are paid at 1.5× regular rate ($30.00/hr):

First 8 hours at $30.00 / hr = $240.00 Overtime Pay

Step 2

Hours Beyond 8 on 7th Day (Double Time):

All hours worked beyond 8 on the 7th consecutive day are paid at 2.0× double time ($40.00/hr):

2 hours at $40.00 / hr = $80.00 Double-Time Pay

Total

Total Pay for the 7th Day:

Combine the 7th-day overtime and double-time earnings:

$240.00 (Overtime) + $80.00 (Double Time) = $320.00 Total for that Day

Key 7th-Day Rule Requirement: To trigger this statutory tier, all 7 days must be worked within the employer's single, established 7-day workweek (Labor Code §§ 510, 552). If the 7 days cross two separate workweeks, the 7th-day rule does not trigger.

What is the regular rate of pay in California?

In California wage and hour litigation, improper regular rate calculation is the most common employer violation. Under California Department of Industrial Relations (DIR) and DLSE standards, the regular rate of pay is not merely the base hourly wage printed on your offer letter.

The regular rate must reflect the true economic remuneration received for work performed:

Mandatory Inclusions: Base hourly wages, non-discretionary performance bonuses, production bonuses, attendance bonuses, sales commissions, piece-rate earnings, and shift differentials (e.g. night or weekend premiums).
Permissible Exclusions: Discretionary gifts completely unrelated to hours worked or performance (e.g. unexpected holiday gifts), expense reimbursements, paid time off (unworked vacation, sick leave, PTO), and statutory overtime premiums already paid.

California Hourly Regular Rate Formula (With Bonus):Regular Rate = Total Straight-Time Compensation ÷ Total Hours Worked in Workweek

DLSE Enforcement Manual § 49.2.4; Marin v. Costco Wholesale Corp. (2008).

Daily overtime in California — does California have daily overtime?

Yes, California strictly mandates daily overtime. While federal law and 46 other states calculate overtime exclusively after 40 weekly hours, California Labor Code § 510 guarantees overtime for extended workdays regardless of weekly totals.

Under California daily overtime rules:

Any hours worked over 8 up to 12 in a single 24-hour workday must be paid at 1.5× the regular rate.
Daily overtime is earned even if the employee works only 8.5, 10, or 12 hours during the entire week and takes the remaining days off.
Daily overtime cannot be waived by private agreement between employer and employee, unless an Alternative Workweek Schedule (AWS) is enacted under Labor Code § 511.

California double time — after 12 hours

California is the only state in the United States that has a statutory double-time mandate. Under California Labor Code § 510, an employer must pay two times (2.0×) the employee's regular rate of pay for:

All hours worked over 12 in a single workday; and
All hours worked over 8 on the 7th consecutive day of work in an employer's designated workweek.

At the California 2026 minimum wage of $16.90/hr, double time pays a minimum of $33.80 per hour. For a worker earning $30.00/hr, double time pays $60.00 per hour. To model complex shifts over 12 hours or union double-time tiers, use our dedicated double-time calculator.

California overtime calculator biweekly — why the week still rules

Many California employers issue paychecks on a biweekly basis (every two weeks). However, when calculating overtime, the 168-hour workweek still strictly rules:

An employer must designate a fixed, recurring workweek consisting of 7 consecutive 24-hour periods (168 consecutive hours).
Daily overtime (over 8 hours), double time (over 12 hours), and weekly overtime (over 40 hours) must be calculated separately within Week 1 and Week 2.
An employer cannot average hours across the two-week period. Working 60 hours in Week 1 and 20 hours in Week 2 requires 20 hours of overtime pay in Week 1, even though the biweekly average is 40 hours per week.

Overtime in California with taxes — and the 'qualified overtime' trap

California workers who earn significant overtime must account for both state tax brackets and federal tax deduction limitations.

California State Income Tax and SDI

California maintains the highest graduated state income tax rates in the nation (ranging from 1.0% up to 13.3%), plus mandatory State Disability Insurance (SDI) payroll deductions (1.2% in 2026). When overtime shifts inflate a biweekly paycheck, payroll software annualizes that single check, resulting in steep state and federal tax withholding. However, tax brackets are marginal, and excess withholding is refunded when filing your state Form 540 and federal Form 1040.

The 'Qualified Overtime' Deduction Trap (OBBBA § 225)

Under the federal One Big Beautiful Bill Act (OBBBA § 225), eligible workers can claim a below-the-line federal tax deduction for overtime pay on Schedule 1-A for tax years 2025 through 2028. However, California workers must be aware of a critical statutory exclusion:

California State Premiums Do NOT Qualify for § 225

Federal statute OBBBA § 225 explicitly restricts the federal overtime deduction to the statutory Fair Labor Standards Act (FLSA) 0.5× premium slice for hours physically worked beyond 40 in a single workweek. California daily overtime (hours 8–12 on shifts where weekly hours stay under 40), 7th consecutive day premiums, and all 2.0× double-time premiums are state-mandated extras that exceed federal law. The IRS excludes these state premiums from Box 12 Code TT on Form W-2.

To calculate your exact federal deduction savings and understand how withholding applies, explore our companion guide on is overtime taxed more and run your figures in our overtime tax calculator.

California overtime laws 2026 — the short version

Here is a concise reference summary of the governing statutory rules for California overtime in 2026:

Daily Overtime: 1.5× regular rate for hours >8 up to 12 in a workday (Labor Code § 510).
Daily Double Time: 2.0× regular rate for hours >12 in a workday (Labor Code § 510).
Weekly Overtime: 1.5× regular rate for hours >40 in a workweek (Labor Code § 510).
7th Consecutive Day: First 8 hours at 1.5×; hours >8 at 2.0× double time (Labor Code §§ 510, 552).
California Minimum Wage (2026): $16.90/hr state baseline (effective Jan 1, 2026).
Exempt Salary Threshold (2026): $70,304/yr ($1,352/wk), requiring >50% exempt duties (Labor Code § 515).
Salaried Non-Exempt Divisor: Weekly Salary ÷ 40 hours; no fluctuating workweek (Labor Code § 515(d)).
Alternative Workweek: Valid 4/10 schedule allowed under Labor Code § 511 only with 2/3 secret employee vote.

For the complete legal analysis, historical case law precedents, and comprehensive statutory citations across all 17 IWC Wage Orders, read our full legal explainer on California overtime and double-time rules. You can also explore national FLSA rules and state-by-state calculation principles in our overtime pay calculator guide.

Official Primary California Legal Sources:Review governing statutory text directly via theCalifornia Labor Code § 510 (Overtime Compensation) ↗,Labor Code § 515 (Exemption Standards) ↗, and theCalifornia DIR Division of Labor Standards Enforcement (DLSE) Overtime FAQ ↗.

California Overtime Calculator Guide 2026: Worked Examples, Regular Rate & Double-Time Math

How to calculate overtime in California — step by step

Calculate Your California Overtime & Double-Time Pay

California overtime calculation examples

What is the regular rate of pay in California?

Daily overtime in California — does California have daily overtime?

California double time — after 12 hours

California overtime calculator biweekly — why the week still rules

Overtime in California with taxes — and the 'qualified overtime' trap

California State Income Tax and SDI

The 'Qualified Overtime' Deduction Trap (OBBBA § 225)

California overtime laws 2026 — the short version

Related Overtime & Paycheck Guides

California Overtime & Double-Time Rules

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Is Overtime Taxed More?

Common Questions About California Overtime Calculations