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California Overtime Rules: How to Properly Calculate and Pay Overtime

Jun-01-2025

Particularly about overtime, California has some of the most comprehensive and employee-friendly labor rules in the country. Comprehending California's overtime regulations is crucial for anyone working as a payroll manager, HR specialist, or business owner in the Golden State. Heavy fines, employee lawsuits, and reputational harm might follow noncompliance.

Everything you need to know about correctly calculating and paying overtime under California law will be covered in this guide.

What is Overtime in California?

Overtime is extra compensation for employees who work beyond standard hours. While federal law (FLSA) sets the baseline, California Labor Code offers broader protections. The state requires employers to pay overtime not just after 40 hours in a week, but also after 8 hours in a single workday.

How to Calculate Overtime In California?

In California, workers get paid extra (overtime) if they work more than eight hours in a single day or more than forty hours in a week. Unlike most states that only count weekly hours, California also considers daily hours. Additionally, if an employee works seven days in a row, they receive special extra pay for the seventh day, no matter how many hours they worked earlier in the week.

Time-and-a-half (1.5× pay):
It applies to work over 8 hours in one day, over 40 hours in a week, and for the first 8 hours of work on the 7th straight day.
Double time (2× pay):
Applies for work beyond 12 hours in a single day and for any hours beyond 8 on the 7th consecutive day of work.

In California, some workers can choose to work four 10-hour days instead of five 8-hour days. This plan needs to be proposed by the workers and then approved by a secret vote, where at least two-thirds must agree. If it's approved, employees can work up to ten hours a day without getting overtime pay. However, if they work more than ten hours a day, they will earn overtime pay. Employers need to follow the correct process to set this up, and simply agreeing isn’t enough—there could be penalties if the process isn’t followed properly.

Who is Exempt from Overtime in California?

Some employees are not allowed to receive overtime. California permits exemptions for those employed in more senior or unique jobs. To qualify as exempt, an employee must satisfy the duties and minimum pay requirements. Types of individuals that are typically exempt are executives, managers, various administrative personnel, licensed professionals like physicians or attorneys, outside salespeople, and some computer professionals. Employers often make the costly error of classifying workers as exempt from overtime, even if they don't meet legal. If you do not abide by these regulations, you may be prosecuted for unpaid wages, penalties, and charges.

Who Qualifies for Overtime?

Non-Exempt Employees

Non-exempt staff are generally hourly workers who don't qualify as exempt. They tend to be 18 years or older, or 16 or 17 years old if they can work full-time legally and aren't required to go to school. These workers have to be compensated with overtime (1.5 times their regular rate) for more than 8 hours per day or 40 hours per week.

Exempt Employees must meet:

Salary basis:
A minimum of 2x California's minimum wage for full-time work.
Duties test:
The employee’s primary job duties must be executive, administrative, or professional.

Common Misclassification Pitfalls

Paying someone a salary does not automatically make them exempt.
Freelancers or contractors can’t be used to avoid paying overtime if they meet employee criteria.

Meal and Rest Break Requirements

As well as overtime rules, there are strict rules in California for meal and rest breaks. If workers put in more than five hours, they should be provided with a 30-minute break without pay. If a day’s work continues beyond ten hours, employees are eligible for an additional meal break.

In addition, employees should get a paid 10-minute break for every four hours they are at work. When these short breaks are withheld from employees, they are entitled to an additional hour of wages per day for every kind of violation. Many fines can be incurred if penalties hit multiple employees over the course of years.

Split Shift Premiums

There is also the matter of split shift premiums. If someone’s overall daily earnings do not reach minimum wage because of a long gap in their schedule, they may be due additional compensation. Many people may not realize it, but these rules are what make California’s laws very protective of workers.

Penalties for Non-Compliance

Employers who don’t obey California’s overtime rules can be heavily fined. Businesses could be ordered to repay wages, penalties, interest, and waiting time penalties equal to up to 30 days of wages if the final paycheck arrives after its due date. The threats of legal action may cause you to have to pay your attorney and court costs. Even if the breach wasn’t meant, the law still requires employers to be responsible.

How Payroll Software Can Help?

Manual overtime tracking is dangerous and time-consuming, and that is why contemporary businesses prefer to use payroll software that calculates and tracks overtime automatically according to California law. The top payroll systems provide features such as daily and weekly overtime rules that can be customized, employee classification options, integration of time tracking, audit trails for payroll, and automated tax submissions.. If you need help managing California-compliant payroll, PayProNext provides affordable and user-friendly software designed specifically to meet state labor requirements.

Conclusion

To sum up, California’s overtime regulations are stricter than those set by the federal government. Taking care of handling overtime, extra pay on Sundays or holidays, break time regulations, and exemptions can be tough. Yet, when you have the right resources and knowledge, compliance can be simple. Understanding your legal rights and responsibilities as an employee or business owner keeps you from confusion and any unnecessary problems.

PayProNext acknowledges that figuring out California’s labor rules is not always easy. To help with this, our platform is set up to help companies manage work time, calculate overtime correctly, and remain legal according to the rules of each state. All of our solutions work to cut down on mistakes, protect your company, and ensure employees are both paid fair and accurate wages.