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 hours | 40 | 40 |
| 1.5× hours | 7 | 6 (Tue 2 + Thu 4) |
| 2× hours | 0 | 1 (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
- The workweek is fixed: any 7 consecutive days your employer sets. It isn't necessarily Monday to Sunday.
- The regular rate includes most bonuses and shift differentials, which can raise the overtime rate.
- California seventh day: the first 8 hours on the seventh consecutive day in a workweek are 1.5×, and anything beyond 8 is 2×.
- Some states (e.g. Alaska, Nevada, Colorado) have their own daily-overtime rules.
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.