Am I entitled to overtime pay after 8 hours in a day in California?

What the Law Says

California labor law provides stronger daily overtime protections than federal law. The key statute is Labor Code § 510, which mandates overtime for hours beyond specific daily and weekly thresholds.

Under California law, most nonexempt employees must be paid overtime at 1.5 times their regular rate for all hours worked over 8 in a single workday. This applies regardless of how many total hours are worked in the week.

The same 1.5x rate applies to hours worked over 40 in a workweek — but daily overtime is calculated separately and can trigger overtime even if the weekly total is under 40.

For hours worked beyond 12 in one day, employers must pay double time (2x the regular rate). Additionally, on the seventh consecutive day of work in a workweek, overtime starts after 8 hours — and double time applies after 8 hours on that seventh day.

Statutory Text

For all hours worked in excess of eight hours up to and including 12 hours in any workday and for the first eight hours worked on the seventh consecutive day of work in a workweek, the employee shall be paid one and one-half times the employee’s regular rate of pay.

— Labor Code § 510(a) — Overtime compensation

Statutory Text

For all hours worked in excess of 12 hours in any workday, the employee shall be paid twice the employee’s regular rate of pay.

— Labor Code § 510(a) — Overtime compensation

What Courts Have Said

California courts have consistently upheld the strict application of daily overtime rules, rejecting employer arguments that federal standards or industry practices override state law.

What to Do

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