When Do I Get Overtime in California?

California counts overtime by the day, not only by the week. Work four 10-hour shifts and you stay under 40 hours, but you can still be owed overtime for every one of those shifts.

When does overtime start in California?

For most non-exempt employees, overtime pay is required for (Lab. Code § 510):

• Every hour over 8 in a workday, at 1.5 times your regular rate
• Every hour over 40 in a workweek, at 1.5 times your regular rate
• Every hour over 12 in a workday, at double your regular rate

Your employer doesn't have to pay two overtime premiums for the same hour, but daily and weekly overtime both count, so long days in a long week add up fast.

A "workweek" is a fixed, recurring seven-day period that starts on the same day each week (Lab. Code § 500). It can't shift from week to week to dodge overtime.

What happens on the seventh day?

If you work all seven days of a single workweek, the seventh day has special rules (Lab. Code § 510):

• The first 8 hours are paid at 1.5 times your regular rate, from the first minute.
• Anything over 8 hours is paid at double time.

How is overtime calculated?

Overtime is a multiple of your regular rate of pay, which is often higher than your base hourly wage. According to the Labor Commissioner, the regular rate can include:

• Shift differentials, like extra pay for nights or weekends
• Nondiscretionary bonuses, such as production bonuses, attendance bonuses, or bonuses for staying on the job
• Commissions and piece-rate earnings

Discretionary bonuses and holiday gifts don't count. If you earned two different hourly rates in the same week, your regular rate is a weighted average of the two.

Say you earn $22 an hour plus a $2 night differential. If your employer pays night overtime at 1.5 times $22 instead of $24, you lose $3 on every overtime hour. Over three years, that adds up.

If you're salaried but non-exempt, your regular rate is your weekly salary divided by 40, and your salary covers only your regular hours. Overtime is on top (Lab. Code § 515, subd. (d)).

How do employers get out of paying overtime?

Some payroll mistakes are honest. Others are built into the system. Watch for these:

Calling you "salaried" or "exempt." A salary alone doesn't make you exempt. To be exempt as an executive, administrative, or professional employee, you generally must spend more than half your work time on exempt duties, regularly use discretion and independent judgment, and earn a monthly salary of at least twice the state minimum wage for full-time work (Lab. Code § 515, subd. (a)). Plenty of "assistant managers" don't pass that test. Other exemptions exist for specific jobs, and the details depend on your role and industry.

Calling you an independent contractor. Contractors don't get overtime. But California presumes you're an employee unless the company proves otherwise (Lab. Code § 2775). See our guide on being misclassified as an independent contractor.

Offering "comp time" instead of pay. Your boss can't just tell you to "take Friday off" instead of paying overtime. California allows comp time in place of overtime pay only in narrow situations, which require a written agreement made before the work and your written request. Workers in several industries, including manufacturing, are excluded entirely (Lab. Code § 204.3).

Moving hours to another week or paycheck. Overtime is counted workweek by workweek. Shifting hours from a 50-hour week into a 30-hour week doesn't erase the overtime you earned.

Working you off the clock. Pre-shift setup, post-shift cleanup, and answering texts at home all count. If those minutes push you past 8 or 40, they're overtime. Read more in our guide to off-the-clock work.

You also can't sign away overtime. An agreement to work for less than the law requires doesn't stop you from recovering what you're owed (Lab. Code § 1194).

What about alternative workweek schedules?

Some employers adopt an approved alternative workweek schedule, like four 10-hour days, that changes when daily overtime kicks in (Lab. Code §§ 510, 511). Union contracts can set alternative schedules too (Lab. Code § 514). These schedules have strict requirements. If your employer simply announced a "4/10 schedule," ask how it was adopted.

Does this affect your coworkers too?

Usually, yes. Overtime problems tend to come from payroll systems and company policy. If your overtime rate ignores your night differential, it probably ignores everyone's. If your whole team is "salaried," the whole team may be misclassified. That's the kind of claim that can be brought as a class action on behalf of every affected worker, or as a PAGA claim.

What can you recover, and how far back?

You can sue for the unpaid overtime, plus interest, attorney's fees, and costs (Lab. Code § 1194). You can also file a wage claim with the California Labor Commissioner.

Most unpaid overtime claims have a three-year deadline (Code Civ. Proc. § 338). Some can reach back four years when brought under California's Unfair Competition Law (Bus. & Prof. Code § 17208). Every week you wait, the oldest week of unpaid overtime can fall outside the window.

If you've already left the job and your employer willfully failed to pay all wages owed, including overtime, it may also owe waiting time penalties of up to 30 days of pay (Lab. Code § 203). See our guide to final paychecks and waiting time penalties.

Your employer also can't retaliate against you for complaining about unpaid overtime (Lab. Code § 98.6).

What should you do now?

• Keep every pay stub. Check the overtime hours and rate on each one.
• Write down your real hours, including start times, end times, and work done before or after your shift.
• Note any bonuses, differentials, or commissions you received, and when.
• Save texts and emails about schedules, extra shifts, or comp time.

Then compare what you worked to what you were paid. If the numbers don't match, the gap could be money you're owed.

This article is general information about California and federal law as of its date, not legal advice for your situation. Laws change, and the right move depends on your facts.