US overtime rules: federal vs California

Updated 2026-10-24

Federal law: 1.5× pay for hours over 40 in a workweek. California adds daily overtime: 1.5× after 8 hours in a day and 2× after 12.

Same week, two rules

Shifts: Mon 8, Tue 10, Wed 8, Thu 13, Fri 8 = 47 hours at $20/hr.

Federal (FLSA)California
Regular hours4040
1.5× hours76 (Tue 2 + Thu 4)
2× hours01 (Thu after 12)
Gross pay$1,010$1,020

California detail: Thursday's 13 hours split into 8 regular, 4 at 1.5× and 1 at 2×. Daily overtime totals 7 hours, which leaves exactly 40 regular hours, so no extra weekly overtime applies.

Other rules worth knowing

Try it with your hours: shift pay calculator (choose United States).

Frequently asked questions

Does federal law require overtime after 8 hours in a day?

No. The FLSA only requires 1.5× for hours over 40 in a workweek. A few states, notably California, add daily overtime.

Are salaried employees owed overtime?

Not if they're exempt. That generally takes a salary above the federal threshold plus duties that meet an exemption test. Non-exempt salaried employees are still owed overtime.

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