California Overtime Rules vs. Federal FLSA
California vs. federal overtime law comparison
| Overtime Trigger | Federal FLSA | California |
|---|---|---|
| After X hours/day | No daily OT | 1.5× after 8 hrs/day |
| After X hours/week | 1.5× after 40 hrs/week | 1.5× after 40 hrs/week |
| Daily double time | None | 2× after 12 hrs/day |
| 7th consecutive day | Not covered | 1.5× for first 8 hrs; 2× after 8 hrs |
| Bi-weekly averaging | Not allowed | Not allowed |
| Alternative workweek | No similar provision | Up to 10 hrs/day for 4 days without daily OT (requires employee vote) |
Daily Overtime in California: The Key Difference
California overtime is calculated daily AND weekly. If you work 9 hours on Monday (1 daily OT hour), work 35 more hours Tuesday–Friday at 7 hours/day (no daily OT each day): total weekly hours = 44. Federal overtime: 4 weekly OT hours. California: 4 federal weekly OT hours + 1 Monday daily OT hour = 5 total OT hours. California workers owe more overtime.
12-hour shift in California: Hours 1–8 = regular rate. Hours 9–12 = 1.5× rate (daily overtime). After 12 hours: 2× rate (daily double time). A nurse working a 13-hour day at $45/hr base earns: (8 × $45) + (4 × $67.50) + (1 × $90) = $360 + $270 + $90 = $720 for that single 13-hour shift.
7th Consecutive Workday: California’s Unique Rule
If you work 7 consecutive days in the same workweek (employer’s designated workweek): first 8 hours on the 7th day pay at 1.5×; hours beyond 8 on the 7th day pay at 2×. This rule applies regardless of total weekly hours — even if you only worked 30 hours on days 1–6, day 7 triggers the premium rates.
Alternative Workweek Schedules in California
California employers can adopt alternative workweek schedules (AWS) that allow up to 10 hours/day without daily overtime, if: a two-thirds vote of affected employees approves the schedule, the schedule is properly documented, and the employer provides the same benefits as regular full-time employees. Common AWS: 4×10 (4 days, 10 hours, no daily OT in 4 days) or 3×12 with caveats.
Calculate California Daily + Weekly Overtime
Enter daily and weekly hours to see both daily and weekly overtime pay owed under California law.