California's overtime rules
California is the strictest state for overtime, and it layers daily rules on top of the weekly one. For most non-exempt employees the Labor Code requires:
- Time and a half for hours over 8 in a workday.
- Time and a half for hours over 40 in a workweek.
- Time and a half for the first 8 hours on the seventh consecutive day worked in a workweek.
- Double time for hours over 12 in a workday.
- Double time for hours over 8 on the seventh consecutive day.
This card is set to those rules. Enter the week's punches and it works out each day's split, then the seventh day if every day of the workweek has hours, then any weekly overtime on the remaining regular hours. See the California Labor Commissioner overtime FAQ for the official statement of the rules and the exceptions.
How daily and weekly overtime combine
An hour is paid once, at the highest rate that applies. Daily overtime is counted first. Then only the regular hours (those not already paid as daily overtime) are added up for the week, and anything over 40 of those becomes weekly overtime. Without that rule, the same hour could be counted twice. Five 10 hour days, for example, is 50 hours: 10 hours of daily overtime, and exactly 40 regular hours, so no extra weekly overtime.
| Week | Regular | Overtime 1.5x | Double time 2x |
|---|---|---|---|
| 5 × 10 hours | 40 | 10 | 0 |
| 4 × 13 hours | 32 | 16 | 4 |
| 6 × 8 hours | 40 | 8 | 0 |
| 6 × 8 hours, then 10 hours on day 7 | 40 | 16 | 2 |
| 4 × 10 hours under a registered 4/10 alternative workweek | 40 | 0 | 0 |
The seventh day rule
The seventh day premium applies only when the employee works all seven days of a single workweek, not seven days in a row that straddle two workweeks. That is why the workweek start day matters: set it under "Overtime, rounding and breaks" to match your employer. On the seventh day, the first 8 hours are paid at 1.5x and anything past 8 at 2x, regardless of how many hours were worked earlier in the week.
Alternative workweek schedules
Employers can adopt an alternative workweek schedule, such as four 10 hour days, through a secret ballot election of the affected employees with at least two thirds approval, registered with the state. Under a valid schedule, daily overtime starts after the scheduled hours (10 in a 4/10 plan) rather than after 8. This calculator applies the default rules, so on a registered 4/10 schedule it will show daily overtime that is not owed. Switch the rule to "Federal" for the weekly split and price any hours past 10 in a day with the overtime calculator.
Meal and rest breaks in California
Non-exempt employees must get a 30 minute unpaid meal period before the end of the fifth hour of work, and a second one before the end of the tenth hour, with limited waivers. Rest breaks of 10 paid minutes are due for every four hours worked or major fraction of four. A missed meal or rest break earns one extra hour of pay at the regular rate for each day it happens. Enter the lunch punches in the card so the unpaid meal is subtracted correctly.