California law requires overtime pay of 1.5 times the regular rate for hours over 8 in a workday or 40 in a workweek. Double time applies after 12 hours in a day and after 8 hours on the seventh consecutive day of work. This daily rule is stricter than federal law, which only counts weekly hours.
These rules apply to most hourly and many salaried workers in Los Angeles and the rest of the state. Below is how overtime is counted in 2026, who is exempt, and what to do if you are not paid correctly.
The basic overtime rules
The rules come from California Labor Code section 510. They cover nonexempt employees 18 and older, plus 16- and 17-year-olds who are not required to attend school.
| Hours worked | Pay rate |
|---|---|
| Over 8 and up to 12 in a workday | 1.5 times the regular rate |
| Over 40 in a workweek | 1.5 times the regular rate |
| Over 12 in a workday | 2 times the regular rate |
| First 8 hours on the 7th consecutive workday | 1.5 times the regular rate |
| Over 8 hours on the 7th consecutive workday | 2 times the regular rate |
Daily and weekly overtime are not paid twice for the same hour. For example, say you work four 10-hour days. You earn 8 hours of daily overtime, two on each day, but no weekly overtime, since you worked exactly 40 hours.
The seventh-day rule only applies if you work all seven days of the employer’s fixed workweek. Working seven days in a row across two different workweeks does not trigger it.
How the regular rate of pay is figured
Overtime is based on the “regular rate,” not just your base hourly wage. According to the Labor Commissioner’s overtime FAQ, it includes hourly pay, salary, piece rates, commissions and shift differentials. It also includes nondiscretionary bonuses, such as a bonus for hitting a production target.
Some payments are left out. These include true gifts, expense reimbursements, and pay for vacation, holidays or sick days when no work is done. Discretionary bonuses, which the employer decides on freely after the fact, are also excluded.
For a nonexempt salaried worker, the regular rate is the weekly salary divided by 40. If you earn $1,000 a week, your regular rate is $25. So daily overtime would be $37.50 an hour, and double time $50.
The regular rate can never be lower than the minimum wage. For 2026, the state minimum is $16.90 an hour, and some cities, including Los Angeles, set higher local rates. Our guide to the California minimum wage in 2026 lists the current state figures.
Who is exempt from overtime
Some employees do not get overtime at all. The most common group is executive, administrative and professional staff. Under Labor Code section 515, they must pass two tests:
- Salary test: a monthly salary of at least twice the state minimum wage for full-time work. For 2026, that is $70,304 a year, or $1,352 a week.
- Duties test: more than half of work time spent on exempt duties, while regularly using discretion and independent judgment.
A job title or a salary alone does not make someone exempt. A salaried office worker who mostly does routine tasks is usually still owed overtime.
Other groups have their own pay floors. For 2026, computer software professionals must earn at least $58.85 an hour, or about $122,573 a year, to be exempt. Licensed physicians and surgeons paid by the hour must earn at least $107.17. Outside salespeople, who spend more than half their time selling away from the office, are also exempt.
Special schedules and exceptions
A few rules change when overtime starts.
- Alternative workweek. Employees can vote, by a two-thirds secret ballot, for a schedule such as four 10-hour days. Then daily overtime starts after the scheduled hours instead of after 8, up to 10 hours a day and 40 a week.
- Make-up time. Under Labor Code section 513, you can ask in writing to make up time lost to a personal obligation in the same workweek. Those hours are not overtime unless you exceed 11 in a day or 40 in a week. Your employer may not encourage or solicit these requests.
- Agricultural workers. The phase-in under AB 1066 is complete. Since January 1, 2025, farmworkers at employers of every size earn overtime after 8 hours a day or 40 a week, with double time after 12.
- Personal attendants. Domestic workers who mainly care for a child, an older adult or a person with a disability get overtime after 9 hours a day or 45 a week.
Common overtime questions at work
Unauthorized overtime still has to be paid. Your employer can discipline you for breaking a policy, but it must pay for any work it knew or should have known about.
Also, you cannot sign away your right to overtime. Any agreement to work for less is void under Labor Code section 1194. You can still recover the unpaid amount, plus interest and attorney’s fees in a court case.
An employer can generally require overtime and discipline you for refusing scheduled hours. However, it cannot punish you for refusing to work a seventh day in a workweek.
Timing matters too. Overtime must be paid no later than the payday for the next regular payroll period after it was earned. Paid sick days and holidays you do not work do not count as hours worked for overtime.
Long shifts also bring break rights. A shift of more than 10 hours usually triggers a second meal period, as our guide to California meal and rest break laws explains.
Federal overtime and the new tax deduction
Federal law, the Fair Labor Standards Act, only requires overtime after 40 hours a week. When state and federal rules differ, the one that pays the worker more applies. In California, that is usually the state rule.
The difference matters for taxes. For 2025 through 2028, the IRS allows a deduction of up to $12,500 ($25,000 for joint filers) for the premium part of overtime pay. That covers only overtime the federal law requires. So daily overtime paid only under California law does not count, according to IRS guidance on the new deductions.
What to do if you are not paid overtime
Start by checking your pay stubs against your own record of hours. Then raise the issue with payroll or HR in writing, if you feel safe doing so.
If that does not work, you have two main options. You can file a wage claim with the Labor Commissioner’s Office, which is free. Or you can sue in court. Claims for unpaid overtime generally reach back three years, and sometimes four in court. If you have left the job, you may also claim waiting time penalties.
Retaliation for asking about wages or filing a claim is illegal in California. For more state and city explainers, see our Los Angeles and California guides.
This is general information, not legal advice; for your situation, contact the Labor Commissioner or an employment attorney.
Frequently asked questions
What is the California law on overtime after 8 hours?
Nonexempt employees earn 1.5 times their regular rate for hours over 8 in a workday, up to 12. After 12 hours, the rate rises to double time.
Do salaried employees get overtime in California?
Many do. A salaried worker is exempt only if they earn at least $70,304 a year in 2026 and spend more than half their time on exempt duties.
Can my employer give comp time instead of overtime pay?
Private employers generally must pay overtime in wages. The main option for shifting hours is make-up time, which you request in writing for a personal reason within the same workweek.
Is overtime required on weekends in California?
Not just because it is a weekend. Overtime depends on daily and weekly hours, plus the seventh-day rule. Weekend premiums are up to your employer or contract.
Have a question about this topic? Ask in the comments below. Our editors read every comment and answer questions here, and we add useful answers to the guide.
Sources
- leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml
- leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml
- leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml
- leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml
- leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml
- leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml
- dir.ca.gov/dlse/faq_overtime.htm
- dir.ca.gov/dlse/Overtime-for-Agricultural-Workers.html
- dir.ca.gov/IWC/IWCArticle14.pdf
- dir.ca.gov/dlse/DomesticWorkerBillOfRights-FAQ.html
- irs.gov/newsroom/one-big-beautiful-bill-act-tax-deductions-for-w…