How is overtime calculated in California?

Workers who come to California from other states are often surprised by daily overtime, and employers sometimes get it wrong. The rules below come from Labor Code section 510 and the Labor Commissioner's overtime guidance, with the special rules that change the math for some jobs. For the wider set of wage and hour protections, see our employment law page.

How is overtime figured, step by step?

1. Find the workday and the workweek. A workday is any consecutive 24-hour period starting at the same time each calendar day, and a workweek is any seven consecutive days starting on the same calendar day each week (Labor Code section 500).
2. Count the hours actually worked. The Labor Commissioner says overtime is based on hours worked, so paid sick days and paid holidays you did not work do not count toward it.
3. Apply the daily rule. Hours over 8 in a workday, up to 12, are paid at one and a half times the regular rate; hours over 12 are paid at double the regular rate (section 510(a)).
4. Apply the weekly rule. Hours over 40 in the workweek are paid at time and a half, but an hour already paid as daily overtime is not paid twice (section 510(a)).
5. Check for a seventh day. If you work all seven days of the workweek, the first 8 hours on the seventh day are time and a half and any hours after 8 that day are double time.
6. Work out the regular rate. Overtime is a multiple of the regular rate of pay, which can be higher than your base hourly wage once bonuses and differentials are included.
7. Get paid on time. Overtime earned in one pay period must be paid no later than the payday for the next regular pay period (Labor Code section 204, as described by the Labor Commissioner).

When does overtime start?

Certain jobs are exempt from overtime altogether, which is a separate question covered below.

What is the "regular rate of pay"?

Overtime is figured from your regular rate, not just your base hourly wage. The Labor Commissioner explains that the regular rate includes hourly earnings, salary, piecework and commissions, along with shift differentials and nondiscretionary bonuses, meaning bonuses tied to hours, production or staying on the job. It does not include true gifts, discretionary bonuses or expense reimbursements, and it can never be lower than the minimum wage. Our page on the 2026 minimum wage in Glendale and Los Angeles lists the local floors.

If you earned two different hourly rates in the same week, the regular rate is the weighted average: total pay for the week divided by total hours worked. For a nonexempt full-time employee paid a salary, the regular hourly rate is one fortieth of the weekly salary (Labor Code section 515(d)(1)), and the salary only covers the regular, non-overtime hours (section 515(d)(2)).

Bonuses follow two different methods, according to the Labor Commissioner. A flat sum bonus, such as one for attendance, is divided by the maximum legal regular hours in the period the bonus covers, usually 40 a week, and overtime on that amount is then paid at 1.5 or 2 times. A production bonus is divided by all hours worked, and overtime on it is paid at an extra half or a full rate for each overtime hour.

What does a California overtime calculation look like?

Here is a simple example. An employee earns $24 an hour and works 10 hours on Monday, 8 hours Tuesday through Thursday, and 9 hours on Friday, for 43 hours in the week.

The employee is owed $1,068 for the week. Notice that the three daily overtime hours also account for the three hours over 40, so they are not paid twice: section 510 says an employer does not have to combine more than one overtime rate for the same hour. If the same employee worked a 13-hour day, that day would include 8 regular hours, 4 hours at time and a half, and 1 hour at double time.

Does my employer have to pay overtime it did not approve?

Yes. According to the Labor Commissioner, overtime must be paid whether or not it was authorized, because employees must be paid for work the employer suffered or permitted, meaning work it knew or should have known about. An employer may discipline an employee for breaking a rule about working unapproved overtime, but it still has to pay for the hours. You also cannot waive overtime by agreeing to a lower wage (Labor Code section 1194).

What changes the answer?

The basic rules in section 510 have exceptions and exemptions. An exemption means overtime law does not apply to a job at all; an exception means overtime is paid on a different basis. Section 510(a) itself says its standard rules do not apply in the same way to alternative workweek schedules adopted under sections 511, 514 or 554.

An alternative workweek schedule

Under Labor Code section 511, employees can adopt a regular schedule of up to 10 hours a day within a 40-hour week, such as four 10-hour days, without daily overtime for those scheduled hours. The schedule counts only if at least two-thirds of the affected employees in a work unit approve it in a secret ballot election, and the employer must report the results to the Labor Commissioner within 30 days. Work beyond the scheduled hours or over 40 in the week is still overtime, and the employer may not cut your hourly rate because of the new schedule (section 511(b), (c)).

A union contract

Section 510(a)(2) says the standard daily rules do not apply in the same way to an alternative workweek adopted under a qualifying collective bargaining agreement. If you are in a union, the contract's overtime terms are the starting point.

Agricultural work

Farm work followed a phased schedule that ended with time and a half after 8 hours in a day or 40 in a week. That rule has applied to employers with 26 or more employees since January 1, 2022, and to employers with 25 or fewer since January 1, 2025 (Labor Code section 860(d)).

Whether your job is exempt

The Labor Commissioner says a salaried employee must be paid overtime unless the job meets the test for an exemption. Whether you are exempt depends on your actual duties and on a minimum salary, not on your job title or the word "salaried" on your offer letter. We explain the test on our page about whether a salaried employee is really exempt from overtime in California.

Whether you are an employee at all

Overtime rules protect employees. If you are paid as a contractor rather than an employee, a different test decides whether overtime rules apply; see whether you are an employee or an independent contractor in California.

Piece rate and commission pay

The Labor Commissioner allows two methods: pay 1.5 times the piece or commission rate for overtime production, or divide the week's total earnings by all hours worked and add half that rate for each time-and-a-half hour and the full rate for each double-time hour. Either way, the regular rate cannot fall below the minimum wage.

A worked example

For example, imagine a hypothetical warehouse worker in Glendale who earns $22 an hour plus a $160 weekly attendance bonus. One week she works 9, 9, 8, 8 and 12 hours from Monday to Friday, 46 hours in all, and her pay stub shows 46 hours at $22 plus the bonus.

Under section 510, she has 6 overtime hours: 1 on Monday, 1 on Tuesday and 4 on Friday. Those daily hours also cover the 6 hours over 40, so they are counted once. Base overtime is 6 hours at $33, or $198, plus 40 regular hours at $22, or $880. The flat sum bonus adds to her regular rate: $160 divided by 40 is $4 an hour, so each overtime hour carries another $6 (1.5 times $4), or $36 for the week. Added to the $160 bonus, the total comes to $1,274, compared with $1,172 on the stub.

The gap of $102 is arithmetic, not a finding. Whether money is owed depends on the time records, whether the bonus was truly tied to attendance, and how the employer defines its workweek, so she saves her stubs and writes down her hours each day.

Common mistakes about overtime

• Counting only weekly hours. California pays overtime by the day too, so a 10-hour day can mean overtime even in a 35-hour week.
• Assuming a salary means no overtime. Only an exempt job is excluded, and exemption depends on duties and pay level.
• Leaving bonuses out. Nondiscretionary bonuses raise the regular rate, so overtime paid at base pay alone may be short.
• Agreeing to "no overtime" pay. An agreement to work for less does not waive overtime under section 1194.
• Counting paid time off as hours worked. Paid holidays and sick days you did not work do not count toward overtime, which can make a claim look larger than it is.
• Relying on the employer's records alone. Employers must keep accurate time records, but your own daily notes help when theirs are wrong or missing.

What to do this week

1. Start a daily log of start, stop and break times, including work before or after your shift.
2. Collect your pay stubs and any bonus or commission plan in writing.
3. Ask for your payroll records in writing; our page on getting your personnel file and payroll records explains the 21-day deadline.
4. Check whether your long days also came with the meal periods the law requires; our page on missed meal and rest breaks in California covers what is owed.
5. Note the dates of your oldest unpaid weeks, because the Labor Commissioner lists three years for overtime claims. Our table of employment claim deadlines in California covers the other time limits.
6. Read how a claim moves through the Labor Commissioner's Los Angeles-area offices before you decide where to file.

Frequently asked questions

Can I be disciplined for refusing to work overtime?

In general, yes. The Labor Commissioner says an employer can set schedules and discipline an employee who refuses scheduled overtime. The exception is the seventh day: an employer cannot discipline an employee for refusing to work a seventh day in the workweek.

Do paid holidays or sick days count toward overtime?

No. The Labor Commissioner gives the example of a worker paid for 48 hours who actually worked 40: no overtime is owed, because overtime is based on hours actually worked.

What can I recover for unpaid overtime?

Labor Code section 1194 lets an employee recover the unpaid balance, interest, reasonable attorney's fees and costs in a civil action. Our overview of wage violation penalties in California lists the penalties that can come on top.

Should I file with the Labor Commissioner or go to court?

The Labor Commissioner says you can file a wage claim with its office or a lawsuit in court. Each route has different costs, timelines and appeal rights, which we compare on our page about choosing between a Labor Commissioner wage claim and a lawsuit.

I left the job. Is anything else owed?

If you no longer work for the employer, the Labor Commissioner says you may also claim the waiting time penalty for late final pay. Our page on when your final paycheck is due in California explains how that penalty is counted.

What if my employer retaliates because I asked about overtime?

You can file a retaliation complaint with the Labor Commissioner or sue in court. Under Labor Code section 98.6(b)(1), an adverse action within 90 days of a protected complaint creates a presumption in the employee's favor. Our page on wrongful termination in violation of public policy covers firings for raising legal rights.

How can Glendale Law help with an overtime claim?

We review pay records, schedules and job duties to determine what a client is actually owed. Bring your pay stubs and any record of the hours you worked, even notes on a phone calendar. If the numbers show unpaid overtime, we can explain the options for recovering it. Call (818) 244-9000 or request a consultation.