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California overtime: stricter than federal law

California's Labor Code goes significantly beyond FLSA requirements. While federal law only requires overtime after 40 hours per workweek, California mandates overtime based on both daily and weekly hours worked.

California overtime rules

TriggerRate
Over 8 hours in a workday1.5ร— regular rate
Over 40 hours in a workweek1.5ร— regular rate
Over 12 hours in a workday2ร— regular rate
First 8 hours on 7th consecutive day1.5ร— regular rate
Over 8 hours on 7th consecutive day2ร— regular rate

Example calculation

Employee earns $20/hour. Works 11 hours on Monday:

First 8 hours: 8 ร— $20.00 = $160.00 Hours 9โ€“11 (3 hrs): 3 ร— $30.00 (1.5ร—) = $90.00 Total Monday: $250.00

Exemptions from California overtime

Not all workers are covered. Exempt employees include: executive, administrative, and professional employees earning more than twice the state minimum wage ($33,280/year in 2025 minimum), outside salespersons, and certain computer software employees.


Frequently Asked Questions

Yes. California requires a 30-minute unpaid meal break for shifts over 5 hours, and a second break for shifts over 10 hours. Rest breaks of 10 minutes are required for every 4 hours worked. Missed breaks entitle the employee to one hour of premium pay.
No. California strictly prohibits overtime averaging. Each workday and each workweek must be evaluated independently. This is different from some federal arrangements that allow alternative workweek schedules.
An AWS allows employees to work up to 10 hours per day without triggering daily overtime if properly adopted by a 2/3 vote and filed with the state. The employer must follow strict procedures โ€” consult an employment attorney before implementing.

๐Ÿงฎ Calculate your specific situation

Use our free calculator to get an instant estimate based on your pay and hours.

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