California Overtime Calculator 2026

Frequently Asked Questions

• How is California overtime calculated in 2026?

  California overtime applies to nonexempt employees at 1.5× their regular rate for hours over 8 in a workday or over 40 in a workweek. Double time (2×) applies to hours over 12 in a single workday. On the 7th consecutive day of the same workweek, the first 8 hours are paid at 1.5× and hours beyond 8 at 2×.

• Does California overtime apply daily or only weekly?

  Both. California Labor Code §510 imposes a daily overtime threshold (over 8 hours in a workday at 1.5×; over 12 hours at 2×) in addition to the federal 40-hour weekly threshold. An employee can trigger California overtime even if their total workweek hours are below 40, if they work more than 8 hours in a single day.

• What is double time in California?

  Double time means 2× the regular rate of pay. It applies when an employee works more than 12 hours in a single workday, or more than 8 hours on the 7th consecutive day of the same workweek. Federal law has no double-time requirement.

• What is the 7th-day rule in California overtime?

  If an employee works all 7 days in the same workweek, the 7th consecutive day triggers special overtime: the first 8 hours are paid at 1.5× the regular rate, and any hours beyond 8 on that 7th day are paid at 2×. The days must fall within the same defined workweek, not just any rolling 7-day period.

• Can California employees waive their overtime rights?

  No. Labor Code §1194 prohibits waiving overtime rights in California. Any agreement — verbal or written — that purports to waive overtime is void and unenforceable, even if the employee signs it voluntarily.

• Are salaried employees entitled to California overtime?

  It depends on whether they are exempt. To qualify for the executive, administrative, or professional exemption, a California salaried employee must earn at least twice the state minimum wage for full-time employment (2026: $16.90 × 2 = $33.80/hr × 2,080 hrs = ~$70,304/year) AND primarily perform exempt duties. Non-exempt salaried workers receive overtime calculated from their regular rate.

• What is an alternative workweek schedule and how does it affect overtime?

  Under a properly adopted alternative workweek schedule (e.g., four 10-hour days), overtime does not begin until after 10 hours in a day (rather than 8). The schedule must be approved by a 2/3 employee vote and reported to the DLSE. Hours from 8 to 10 on regular alternative-schedule days are paid at straight time.

• How far back can I claim unpaid California overtime?

  Generally 3 years from the violation date under Labor Code §1194. Under the Unfair Competition Law (Business and Professions Code §17200), claims can extend up to 4 years. If the employer violated PAGA (Private Attorneys General Act), the claim window is 1 year from the most recent violation.

• What penalties does an employer face for not paying California overtime?

  The employee can recover all unpaid overtime wages plus interest. Under PAGA, civil penalties of $100 per employee per pay period (first violation) and $200 per employee per pay period (subsequent violations) can be assessed, with 75% going to the California Labor and Workforce Development Agency. The employer may also owe attorneys' fees under Labor Code §1194.

• Does California overtime apply to independent contractors?

  No — overtime protections apply only to employees, not independent contractors. However, California's AB 5 (2019) set a strict 'ABC test' that classifies most workers as employees unless the hiring entity proves otherwise. Misclassification as an independent contractor to avoid overtime is a common violation that the DLSE actively enforces.