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In California, overtime is counted by the day. Past 8 hours it is time and a half; past 12, double.

When does California require time and a half after 8 hours, double time after 12, and premium pay on the seventh day of work?

Verified on November 12, 2026 against the California Labor Code, IWC Order 4-2001 and the Labor Commissioner's guidance·What changed on this page

8hours

in a workday, then at least 1.5 times the regular rate1

12hours

in a day, then at least twice the regular rate1

7thday

consecutive day of work in the workweek: the first 8 hours at 1.5 times, the rest at twice the regular rate32

How does daily overtime work in California?

California counts overtime by the workday as well as the week. Under Labor Code § 510, work past 8 hours in a workday or past 40 in a workweek, and the first 8 hours on the seventh day of work, are paid at least 1.5 times the regular rate1.

Work past 12 hours in a day, and past 8 on the seventh day, is paid at least twice the regular rate1. Order 4-2001 counts the seventh consecutive day of work in a workweek3.

An alternative workweek moves the daily threshold, but hours past the schedule or past 40 still pay overtime4. Qualifying union agreements and some exempt employees are outside § 51056.

This text does not constitute legal advice. Obligations vary by establishment and change over time. Confirm yours with the California Labor Commissioner's Office or a qualified advisor.

Which hours of a week are overtime?

Type the hours worked on each day of one workweek. The result splits them into hours at the regular rate, at 1.5 times the regular rate and at twice the regular rate, the way § 510(a) counts them1.

Try a pattern:
0
hours at the regular rate
0
hours at 1.5 times the regular rate
0
hours at twice the regular rate

Type the hours actually worked on each day of one workweek, in order, in hours and hundredths. This is the arithmetic of Labor Code § 510(a), with the two readings named on this page. It does not apply to an alternative workweek, a qualifying union agreement, an exempt employee or the other exemptions on this page, and it does not say whether a schedule complies.

Two readings shape the count. The seventh day is the seventh consecutive day of work in the workweek, in Order 4-2001 and in the Labor Commissioner's words32. And in the Labor Commissioner's opinion letter, daily overtime hours “would not be counted for the purpose of any other overtime payment, such as weekly overtime hours”7. § 510(a) does not require combining two overtime rates for one hour8.

Hours of one workweek split under Labor Code § 510(a). The first three rows are the Labor Commissioner's own examples7.
Hours worked in the workweekRegular rate1.5 timesTwice
10 hours a day, five days740107none
9 hours Monday through Thursday, and 4 on Friday73647none
7 hours a day, six days74027none
One 13-hour day8141
8 hours a day, seven days in a row124016none

The last two rows are our arithmetic of § 510(a), with the same two readings12.

What changes in the week?

When you build the schedule

A workday is any 24-hour period starting at the same time each calendar day, and a workweek is any 7 consecutive days starting on the same day each week9. Daily and weekly overtime are counted in those two periods1.

10 hours of work in a day carry 2 hours at time and a half1. 12 hours carry 4 hours at time and a half and no double time. On the seventh consecutive day of work in the workweek, the first 8 hours are at time and a half and the rest at double time13.

§ 552 says no employer “shall cause his employees to work more than six days in seven”10. When the work reasonably requires 7 or more consecutive days, days of rest can accumulate if each calendar month gives the equivalent of one day's rest in seven11.

When people clock in

Overtime is counted on hours worked, not on hours paid: “Overtime is calculated based on hours actually worked”, in the Labor Commissioner's words12.

Overtime is owed whether or not it was authorized, and the employer “has the duty to keep accurate time records”13.

In payroll

For an hourly employee, the regular rate includes shift differentials and the per-hour value of other non-hourly pay earned, and it can never be below the minimum wage14. For a nonexempt full-time salaried employee, the regular hourly rate is one-fortieth of the weekly salary15.

Overtime wages are due no later than the payday for the next regular payroll period16. An agreement to work for less does not waive them17.

With a union agreement

§§ 510 and 511 do not apply under a valid collective bargaining agreement that meets § 514, which includes premium rates for all overtime hours and a regular rate at least 30 percent above the state minimum wage5.

Watch for

  • Alternative workweek schedules. On the employer's proposal, employees in a readily identifiable work unit can adopt a regular schedule of up to 10 hours a day within a 40-hour workweek, approved by at least two-thirds in a secret ballot18. Order 4-2001 requires at least 4 hours of work in any shift on such a schedule19. Work past the scheduled hours or past 40 in the week is still paid at 1.5 times, and past 12 hours, or past 8 on a day beyond the scheduled workdays, at twice the regular rate4.
  • Running an alternative workweek. The employer may not reduce the regular rate because of it20, and makes a reasonable effort to find a schedule of no more than 8 hours a day for an eligible employee who cannot work it21. On a day the employer requires fewer than the scheduled hours, Order 4-2001 pays overtime past 8 hours, and double the regular rate past 1222.
  • Reporting the election. § 511(e) says the results go to the Division of Labor Standards Enforcement within 30 days23, and Order 4-2001 names the Office of Policy, Research and Legislation24. The Department of Industrial Relations asks employers to send the results within 30 days after they are final to: Attn: Alternative Workweek Election Results, Department of Industrial Relations, P.O. Box 420603, San Francisco, CA 94142-060325.
  • Health care. Order 4-2001 lets health care employers adopt an alternative workweek with days of more than 10 and up to 12 hours without overtime, on its own conditions26. This page does not cover that schedule.
  • Exempt employees. The exemptions for executive, administrative and professional employees require that the employee be primarily engaged in exempt duties, use discretion and independent judgment, and earn a monthly salary of at least twice the state minimum wage for full-time work6. Full-time means 40 hours a week, and primarily means more than half the worktime27. The Department of Industrial Relations computes the salary as the minimum wage × 2 × 40 hours × 52 weeks and states it for 2027: at least $72,384 a year from January 1, 202728. Applied to 2026's $16.90 minimum wage29, the same formula gives $70,304 a year, by our arithmetic.
  • Other exemptions. The Labor Commissioner notes “a number of exemptions from the overtime law”30. Order 4-2001, for example, does not apply to outside salespersons. For employees of the State or any political subdivision, including a city, county or special district, only the sections it lists (1, 2, 4, 10 and 20) apply31; its overtime rules sit in § 33. This page covers the general rule.
  • Short weeks. The six-days-in-seven rule does not apply when total hours do not exceed 30 in any week or 6 in any one day32. The California Supreme Court held that the six-hour part covers only employees who “never exceed six hours of work on any day of the workweek”33.
For the rest of California's rulesCalifornia labor laws: what changes the schedule and the payCalifornia pays time and a half after 8 hours in a workday and double after 12. The state minimum wage is $17.40 from January 1, 2027.See the ruleWhen a schedule changes in Los AngelesLos Angeles Fair Work Week OrdinanceLos Angeles retail employers with 300 or more employees globally post schedules 14 days ahead and owe predictability pay for later changes.See the ruleWhen you staff security postsCalifornia Security Guard Daily Overtime in 2026California pays security guards time and a half after 8 hours in a workday and double time after 12. An alternative workweek schedule caps at 10 hours a day; the 12-hour version is health care only.Read

What does an employer have to be able to show?

Daily overtime is shown with time records. For each person and each workday, that means:

  • When each work period began and ended, the meal periods and the total hours worked each day34.
  • Payroll records of the hours worked daily and the wages paid, kept for at least 3 years35.
  • For an alternative workweek, the election and the report of its results2324.

What does the law leave open?

Which wage order covers each job. The Industrial Welfare Commission's orders go by industry and occupation, and the minimum wage notice says “PLEASE POST NEXT TO YOUR IWC INDUSTRY OR OCCUPATION ORDER”36. The order rules on this page are quoted from Order 4-20013. Which order covers each of your job classifications is a question for your counsel.

Whether a salaried role is exempt. § 515 sets the duties test and the salary floor6. Whether a given role meets the duties test turns on how its time is actually spent, which the statute measures as more than half the worktime27. Confirm each classification with your counsel.

What does the law say exactly?

Eight hours of labor constitutes a day’s work. Any work in excess of eight hours in one workday and any work in excess of 40 hours in any one workweek and the first eight hours worked on the seventh day of work in any one workweek shall be compensated at the rate of no less than one and one-half times the regular rate of pay for an employee. Any work in excess of 12 hours in one day shall be compensated at the rate of no less than twice the regular rate of pay for an employee. In addition, any work in excess of eight hours on any seventh day of a workweek shall be compensated at the rate of no less than twice the regular rate of pay of an employee.
Cal. Lab. Code § 510(a) · official text · source 1
Labor Code § 510(a)(1) to (3) where § 510 does not apply
The requirements of this section do not apply to the payment of overtime compensation to an employee working pursuant to any of the following: (1) An alternative workweek schedule adopted pursuant to Section 511. (2) An alternative workweek schedule adopted pursuant to a collective bargaining agreement pursuant to Section 514. (3) An alternative workweek schedule to which this chapter is inapplicable pursuant to Section 554.
Cal. Lab. Code § 510(a)(1)-(3) · official text · source 37
Labor Commissioner, Overtime FAQ the seventh consecutive day
One and one-half times the employee's regular rate of pay 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; and Double the employee's regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek.
Labor Commissioner's Office, Overtime FAQ · official text · source 2
Labor Commissioner, Opinion Letter of January 19, 2000 daily and weekly hours
an employee who works 10 hours per day, five days in a work week, […] such an employee would be due 10 hours of overtime, payable at one and one half times the employee's regular rate of pay. On each work day, the employee is entitled to two hours of daily overtime pay, and these daily overtime hours would not be counted for the purpose of any other overtime payment, such as weekly overtime hours. […] where an employee works, for example, 9 hours Monday through Thursday, and 4 hours on Friday. While the total hours worked in the workweek is 40, overtime on a daily basis would be due because one hour in excess of 8 was worked on 4 days in the workweek for a total of 4 hours due. […] if an employee works 6 days in a workweek, a total of 7 hours each day, the employee would not be due any daily overtime because the hours worked in any one day do not exceed 8, but, the total hours in the workweek would equal 42, and 2 hours of overtime, on a weekly basis would have to be paid.
Labor Commissioner's Office, Opinion Letter 2000.01.19 (no pyramiding of overtime hours) · official text · source 7
Labor Code § 510(a) one rate for each hour
Nothing in this section requires an employer to combine more than one rate of overtime compensation in order to calculate the amount to be paid to an employee for any hour of overtime work.
Cal. Lab. Code § 510(a) · official text · source 8
Labor Code § 511(a) alternative workweeks
Upon the proposal of an employer, the employees of an employer may adopt a regularly scheduled alternative workweek that authorizes work by the affected employees for no longer than 10 hours per day within a 40-hour workweek without the payment to the affected employees of an overtime rate of compensation pursuant to this section. A proposal to adopt an alternative workweek schedule shall be deemed adopted only if it receives approval in a secret ballot election by at least two-thirds of affected employees in a readily identifiable work unit.
Cal. Lab. Code § 511(a) · official text · source 18
Labor Code § 511(b) overtime on an alternative workweek
(b) An affected employee working longer than eight hours but not more than 12 hours in a day pursuant to an alternative workweek schedule adopted pursuant to this section shall be paid an overtime rate of compensation of no less than one and one-half times the regular rate of pay of the employee for any work in excess of the regularly scheduled hours established by the alternative workweek agreement and for any work in excess of 40 hours per week. An overtime rate of compensation of no less than double the regular rate of pay of the employee shall be paid for any work in excess of 12 hours per day and for any work in excess of eight hours on those days worked beyond the regularly scheduled workdays established by the alternative workweek agreement.
Cal. Lab. Code § 511(b) · official text · source 4
IWC Order 4-2001, § 3(B)(1) the alternative workweek in the order
No employer shall be deemed to have violated the daily overtime provisions by instituting, pursuant to the election procedures set forth in this wage order, a regularly scheduled alternative workweek schedule of not more than ten (10) hours per day within a 40 hour workweek without the payment of an overtime rate of compensation. […] Any alternative workweek agreement adopted pursuant to this section shall provide for not less than four (4) hours of work in any shift.
IWC Order 4-2001, § 3(B)(1) · official text · source 19
Labor Code § 514 union agreements
Sections 510 and 511 do not apply to an employee covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of the employees, and if the agreement provides premium wage rates for all overtime hours worked and a regular hourly rate of pay for those employees of not less than 30 percent more than the state minimum wage.
Cal. Lab. Code § 514 · official text · source 5
Labor Code § 515(a) the exemptions
(a) The Industrial Welfare Commission may establish exemptions from the requirement that an overtime rate of compensation be paid pursuant to Sections 510 and 511 for executive, administrative, and professional employees, if the employee is primarily engaged in the duties that meet the test of the exemption, customarily and regularly exercises discretion and independent judgment in performing those duties, and earns a monthly salary equivalent to no less than two times the state minimum wage for full-time employment.
Cal. Lab. Code § 515(a) · official text · source 6
Labor Code § 552 six days in seven
No employer of labor shall cause his employees to work more than six days in seven.
Cal. Lab. Code § 552 · official text · source 10
Labor Code § 556 short weeks
Sections 551 and 552 shall not apply to any employer or employee when the total hours of employment do not exceed 30 hours in any week or six hours in any one day thereof.
Cal. Lab. Code § 556 · official text · source 32

How does a system hold daily overtime?

Daily overtime lands on the schedule, the timecard and payroll at the same time. This is how it comes together in WorkAxle:

  1. Daily and weekly hours, consecutive days and rest between shifts are set up as rules, each with its start date.
  2. While the schedule is built, the platform flags each shift that breaks one of those rules and names the rule. The supervisor decides.
  3. Each clock-in and clock-out is recorded with its time, and at the close of the period hours come out classified by your rules, ready for your payroll system.

The supervisor keeps the last word.

What can you check this week?

  • Run your three most common shift patterns through the module above and compare the result with what payroll paid last week1.
  • Write down when each site's workday and workweek begin; § 510 counts overtime inside those fixed periods9.
  • If a work unit runs an alternative workweek, find the election and the report of its results23.
  • List the salaried roles you treat as exempt and check each salary against $72,384 a year from January 1, 2027, and each role against the duties test286.

This text does not constitute legal advice. Obligations vary by establishment and change over time. Confirm yours with the California Labor Commissioner's Office or a qualified advisor.

Frequently asked questions

Does California pay overtime after 8 hours a day?

Yes. Under Labor Code § 510, work over 8 hours in one workday is paid at no less than 1.5 times the regular rate, and work over 12 hours in one day at no less than twice the regular rate1. On an alternative workweek adopted under § 511, work past the scheduled hours or past 40 in a week is still paid at 1.5 times, and past 12 hours, or past 8 on a day beyond the scheduled workdays, at twice the regular rate4. § 510 does not apply under a qualifying union agreement5.

When is double time paid in California?

For work past 12 hours in one day, and for work past 8 hours on the seventh day of work in a workweek1. Order 4-2001 and the Labor Commissioner count the seventh consecutive day of work in a workweek32.

What is the seventh-day overtime rule in California?

When an employee works all seven days of a workweek, the first 8 hours on the seventh consecutive day are paid at 1.5 times the regular rate, and hours past 8 that day at twice the regular rate321.

Do daily overtime hours count toward the 40-hour week?

No, in the Labor Commissioner's reading: daily overtime hours “would not be counted for the purpose of any other overtime payment, such as weekly overtime hours”. In its example, 7 hours a day for six days owes no daily overtime but 2 hours of weekly overtime7.

Can employees work 10-hour days without overtime in California?

On an alternative workweek: a regular schedule of up to 10 hours a day within a 40-hour workweek, adopted by at least two-thirds of the affected employees in a secret ballot18. Work past the scheduled hours or past 40 in the week is still paid at 1.5 times, and past 12 hours, or past 8 on a day beyond the scheduled workdays, at twice the regular rate4. § 510 also does not apply under a qualifying union agreement5.

Who is exempt from overtime in California?

§ 515 allows exemptions for executive, administrative and professional employees who are primarily engaged in exempt duties, use discretion and independent judgment, and earn at least twice the state minimum wage for full-time work6. From January 1, 2027, that salary is at least $72,384 a year28. The Labor Commissioner notes “a number of exemptions from the overtime law”30. Order 4-2001 does not apply to outside salespersons, and for employees of the State or any political subdivision, including a city, county or special district, only its sections 1, 2, 4, 10 and 20 apply31, not its overtime rules in § 33.

Can an employee agree to give up overtime pay in California?

No. The Labor Commissioner says “California law requires that an employee be paid all overtime compensation notwithstanding any agreement to work for a lesser wage”17.

Does unauthorized overtime have to be paid in California?

Yes. The Labor Commissioner says employers must pay overtime “whether authorized or not”, and that an employer “has the duty to keep accurate time records”13.

https://www.workaxle.com/compliance-center/united-states/california/daily-overtime

Sources

  1. Cal. Lab. Code § 510(a). “Eight hours of labor constitutes a day’s work. Any work in excess of eight hours in one workday and any work in excess of 40 hours in any one workweek and the first eight hours worked on the seventh day of work in any one workweek shall be compensated at the rate of no less than one and one-half times the regular rate of pay for an employee. Any work in excess of 12 hours in one day shall be compensated at the rate of no less than twice the regular rate of pay for an employee. In addition, any work in excess of eight hours on any seventh day of a workweek shall be compensated at the rate of no less than twice the regular rate of pay of an employee.”https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=510 · California Labor Code, text from the Legislature's official law database (updated November 1, 2026) · Verified on November 12, 2026
  2. Labor Commissioner's Office, Overtime FAQ. “One and one-half times the employee's regular rate of pay 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; and Double the employee's regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek.”https://www.dir.ca.gov/dlse/faq_overtime.htm · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  3. IWC Order 4-2001, § 3(A)(1)(a)-(b). “for all hours worked in excess of eight (8) hours up to and including 12 hours in any workday, and for the first eight (8) hours worked on the seventh (7th) consecutive day of work in a workweek; and […] (b) Double the employee’s regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight (8) hours on the seventh (7th) consecutive day of work in a workweek.”https://www.dir.ca.gov/IWC/IWCArticle4.pdf · Industrial Welfare Commission order, as posted by the Department of Industrial Relations · Verified on November 12, 2026
  4. Cal. Lab. Code § 511(b). “(b) An affected employee working longer than eight hours but not more than 12 hours in a day pursuant to an alternative workweek schedule adopted pursuant to this section shall be paid an overtime rate of compensation of no less than one and one-half times the regular rate of pay of the employee for any work in excess of the regularly scheduled hours established by the alternative workweek agreement and for any work in excess of 40 hours per week. An overtime rate of compensation of no less than double the regular rate of pay of the employee shall be paid for any work in excess of 12 hours per day and for any work in excess of eight hours on those days worked beyond the regularly scheduled workdays established by the alternative workweek agreement.”https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=511 · California Labor Code, text from the Legislature's official law database (updated November 1, 2026) · Verified on November 12, 2026
  5. Cal. Lab. Code § 514. “Sections 510 and 511 do not apply to an employee covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of the employees, and if the agreement provides premium wage rates for all overtime hours worked and a regular hourly rate of pay for those employees of not less than 30 percent more than the state minimum wage.”https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=514 · California Labor Code, text from the Legislature's official law database (updated November 1, 2026) · Verified on November 12, 2026
  6. Cal. Lab. Code § 515(a). “(a) The Industrial Welfare Commission may establish exemptions from the requirement that an overtime rate of compensation be paid pursuant to Sections 510 and 511 for executive, administrative, and professional employees, if the employee is primarily engaged in the duties that meet the test of the exemption, customarily and regularly exercises discretion and independent judgment in performing those duties, and earns a monthly salary equivalent to no less than two times the state minimum wage for full-time employment.”https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=515 · California Labor Code, text from the Legislature's official law database (updated November 1, 2026) · Verified on November 12, 2026
  7. Labor Commissioner's Office, Opinion Letter 2000.01.19 (no pyramiding of overtime hours). “an employee who works 10 hours per day, five days in a work week, […] such an employee would be due 10 hours of overtime, payable at one and one half times the employee's regular rate of pay. On each work day, the employee is entitled to two hours of daily overtime pay, and these daily overtime hours would not be counted for the purpose of any other overtime payment, such as weekly overtime hours. […] where an employee works, for example, 9 hours Monday through Thursday, and 4 hours on Friday. While the total hours worked in the workweek is 40, overtime on a daily basis would be due because one hour in excess of 8 was worked on 4 days in the workweek for a total of 4 hours due. […] if an employee works 6 days in a workweek, a total of 7 hours each day, the employee would not be due any daily overtime because the hours worked in any one day do not exceed 8, but, the total hours in the workweek would equal 42, and 2 hours of overtime, on a weekly basis would have to be paid.”https://www.dir.ca.gov/dlse/opinions/2000-01-19.pdf · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  8. Cal. Lab. Code § 510(a). “Nothing in this section requires an employer to combine more than one rate of overtime compensation in order to calculate the amount to be paid to an employee for any hour of overtime work.”https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=510 · California Labor Code, text from the Legislature's official law database (updated November 1, 2026) · Verified on November 12, 2026
  9. Cal. Lab. Code § 500(a)-(b). “(a) “Workday” and “day” mean any consecutive 24-hour period commencing at the same time each calendar day. (b) “Workweek” and “week” mean any seven consecutive days, starting with the same calendar day each week.”https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=500 · California Labor Code, text from the Legislature's official law database (updated November 1, 2026) · Verified on November 12, 2026
  10. Cal. Lab. Code § 552. “No employer of labor shall cause his employees to work more than six days in seven.”https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=552 · California Labor Code, text from the Legislature's official law database (updated November 1, 2026) · Verified on November 12, 2026
  11. Cal. Lab. Code § 554(a). “Sections 551 and 552 do not apply to cases of emergency or to work performed in the protection of life or property from loss or destruction, or to any common carrier engaged in or connected with the movement of trains. Nothing in this chapter shall be construed to prevent an accumulation of days of rest when the nature of the employment reasonably requires that the employee work seven or more consecutive days, if in each calendar month the employee receives days of rest equivalent to one day’s rest in seven.”https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=554 · California Labor Code, text from the Legislature's official law database (updated November 1, 2026) · Verified on November 12, 2026
  12. Labor Commissioner's Office, Overtime FAQ, question 7. “Overtime is calculated based on hours actually worked, and you worked only 40 hours during the workweek.”https://www.dir.ca.gov/dlse/faq_overtime.htm · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  13. Labor Commissioner's Office, Overtime FAQ, question 2. “Yes, California law requires that employers pay overtime, whether authorized or not, at the rate of one and one-half times the employee's regular rate of pay for all hours worked in excess of eight up to and including 12 hours in any workday, and for the first eight hours of work on the seventh consecutive day of work in a workweek, and double the employee's regular rate of pay for all hours worked in excess of 12 in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek. […] an employer has the duty to keep accurate time records and must pay for work that the employer allows to be performed and to which the employer benefits.”https://www.dir.ca.gov/dlse/faq_overtime.htm · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  14. Labor Commissioner's Office, Overtime FAQ, question 1. “If you are paid on an hourly basis, that amount, including among other things, shift differentials and the per hour value of any non-hourly compensation the employee has earned, is the regular rate of pay. […] In no case may the regular rate of pay be less than the applicable minimum wage.”https://www.dir.ca.gov/dlse/faq_overtime.htm · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  15. IWC Order 4-2001, § 3(A)(1)(c). “(c) The overtime rate of compensation required to be paid to a nonexempt full-time salaried employee shall be computed by using the employee’s regular hourly salary as one-fortieth (1/40) of the employee’s weekly salary.”https://www.dir.ca.gov/IWC/IWCArticle4.pdf · Industrial Welfare Commission order, as posted by the Department of Industrial Relations · Verified on November 12, 2026
  16. Labor Commissioner's Office, Overtime FAQ, question 8. “Overtime wages must be paid no later than the payday for the next regular payroll period after which the overtime wages were earned.”https://www.dir.ca.gov/dlse/faq_overtime.htm · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  17. Labor Commissioner's Office, Overtime FAQ, question 9. “No, California law requires that an employee be paid all overtime compensation notwithstanding any agreement to work for a lesser wage.”https://www.dir.ca.gov/dlse/faq_overtime.htm · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  18. Cal. Lab. Code § 511(a). “Upon the proposal of an employer, the employees of an employer may adopt a regularly scheduled alternative workweek that authorizes work by the affected employees for no longer than 10 hours per day within a 40-hour workweek without the payment to the affected employees of an overtime rate of compensation pursuant to this section. A proposal to adopt an alternative workweek schedule shall be deemed adopted only if it receives approval in a secret ballot election by at least two-thirds of affected employees in a readily identifiable work unit.”https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=511 · California Labor Code, text from the Legislature's official law database (updated November 1, 2026) · Verified on November 12, 2026
  19. IWC Order 4-2001, § 3(B)(1). “No employer shall be deemed to have violated the daily overtime provisions by instituting, pursuant to the election procedures set forth in this wage order, a regularly scheduled alternative workweek schedule of not more than ten (10) hours per day within a 40 hour workweek without the payment of an overtime rate of compensation. […] Any alternative workweek agreement adopted pursuant to this section shall provide for not less than four (4) hours of work in any shift.”https://www.dir.ca.gov/IWC/IWCArticle4.pdf · Industrial Welfare Commission order, as posted by the Department of Industrial Relations · Verified on November 12, 2026
  20. Cal. Lab. Code § 511(c). “(c) An employer shall not reduce an employee’s regular rate of hourly pay as a result of the adoption, repeal, or nullification of an alternative workweek schedule.”https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=511 · California Labor Code, text from the Legislature's official law database (updated November 1, 2026) · Verified on November 12, 2026
  21. Cal. Lab. Code § 511(d). “(d) An employer shall make a reasonable effort to find a work schedule not to exceed eight hours in a workday, in order to accommodate any affected employee who was eligible to vote in an election authorized by this section and who is unable to work the alternative schedule hours established as the result of that election.”https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=511 · California Labor Code, text from the Legislature's official law database (updated November 1, 2026) · Verified on November 12, 2026
  22. IWC Order 4-2001, § 3(B)(2). “requires an employee to work fewer hours than those that are regularly scheduled by the agreement, the employer shall pay the employee overtime compensation […] for all hours worked in excess of eight (8) hours, and double the employee’s regular rate of pay for all hours worked in excess of 12 hours for the day the employee is required to work the reduced hours.”https://www.dir.ca.gov/IWC/IWCArticle4.pdf · Industrial Welfare Commission order, as posted by the Department of Industrial Relations · Verified on November 12, 2026
  23. Cal. Lab. Code § 511(e). “(e) The results of any election conducted pursuant to this section shall be reported by an employer to the Division of Labor Standards Enforcement within 30 days after the results are final.”https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=511 · California Labor Code, text from the Legislature's official law database (updated November 1, 2026) · Verified on November 12, 2026
  24. IWC Order 4-2001, § 3(C)(6). “The results of any election conducted pursuant to this section shall be reported by the employer to the Office of Policy, Research and Legislation within 30 days after the results are final”https://www.dir.ca.gov/IWC/IWCArticle4.pdf · Industrial Welfare Commission order, as posted by the Department of Industrial Relations · Verified on November 12, 2026
  25. Department of Industrial Relations, Alternative Workweek Elections Database (page dated August 2026). “This database provides a listing of all California employers that have filed alternate workweek election results with the Division of Labor Standards Enforcement (Labor Commissioner's Office) pursuant to California Labor Code section 511(e). […] Within 30 days after results of an alternative workweek election are final, please send the results to: Attn: Alternative Workweek Election Results Department of Industrial Relations P.O. Box 420603 San Francisco, CA 94142-0603”https://www.dir.ca.gov/databases/oprl/DLSR-AWE.html · Official page of the Department of Industrial Relations · Verified on November 12, 2026
  26. IWC Order 4-2001, § 3(B)(8) (health care alternative workweek). “no employer of employees in the healthcare industry shall be deemed to have violated the daily overtime provisions […] work days exceeding ten (10) hours but not more than 12 hours […] without the payment of overtime compensation”https://www.dir.ca.gov/IWC/IWCArticle4.pdf · Industrial Welfare Commission order, as posted by the Department of Industrial Relations · Verified on November 12, 2026
  27. Cal. Lab. Code § 515(c), (e). “(c) For the purposes of subdivision (a), “full-time employment” means employment in which an employee is employed for 40 hours per week. […] (e) For the purposes of this section, “primarily” means more than one-half of the employee’s worktime.”https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=515 · California Labor Code, text from the Legislature's official law database (updated November 1, 2026) · Verified on November 12, 2026
  28. DIR News Release 2026-66 (August 13, 2026), minimum salary for exempt employees. “$17.40 x 2 x 40 hours per week x 52 weeks per year = $72,384 […] Beginning January 1, 2027, an employee must earn an annual salary of at least $72,384 to meet the salary threshold for exemption. Employees must also satisfy the duties and other requirements applicable to the specific exemption.”https://www.dir.ca.gov/DIRNews/2026/2026-66.html · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  29. IWC MW-2026 (Lab. Code § 1182.12). “Every employer, regardless of the number of employees, shall pay to each employee wages not less than the following: Effective January 1, 2026, Minimum Wage: $16.90 per hour”https://www.dir.ca.gov/iwc/MW-2026.pdf · Official notice published by the agency · Verified on November 12, 2026
  30. Labor Commissioner's Office, Overtime FAQ. “There are, however, a number of exemptions from the overtime law.”https://www.dir.ca.gov/dlse/faq_overtime.htm · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  31. IWC Order 4-2001, § 1(B)-(C). “Except as provided in Sections 1, 2, 4, 10, and 20, the provisions of this order shall not apply to any employees directly employed by the State or any political subdivision thereof, including any city, county, or special district. […] The provisions of this order shall not apply to outside salespersons.”https://www.dir.ca.gov/IWC/IWCArticle4.pdf · Industrial Welfare Commission order, as posted by the Department of Industrial Relations · Verified on November 12, 2026
  32. Cal. Lab. Code § 556. “Sections 551 and 552 shall not apply to any employer or employee when the total hours of employment do not exceed 30 hours in any week or six hours in any one day thereof.”https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=556 · California Labor Code, text from the Legislature's official law database (updated November 1, 2026) · Verified on November 12, 2026
  33. Mendoza v. Nordstrom, Inc., California Supreme Court, S224611 (filed May 8, 2017). “The exemption for employees working shifts of six hours or less applies only to those who never exceed six hours of work on any day of the workweek. If on any one day an employee works more than six hours, a day of rest must be provided during that workweek, subject to whatever other exceptions might apply.”https://www.courts.ca.gov/opinions/archive/S224611.PDF · Opinion of the California Supreme Court, as published by the California courts · Verified on November 12, 2026
  34. IWC Order 4-2001, § 7(A)(3), (C). “Time records showing when the employee begins and ends each work period. Meal periods, split shift intervals and total daily hours worked shall also be recorded. Meal periods during which operations cease and authorized rest periods need not be recorded. […] shall be kept on file by the employer for at least three years at the place of employment or at a central location within the State of California.”https://www.dir.ca.gov/IWC/IWCArticle4.pdf · Industrial Welfare Commission order, as posted by the Department of Industrial Relations · Verified on November 12, 2026
  35. Cal. Lab. Code § 1174(d). “(d) Keep, at a central location in the state or at the plants or establishments at which employees are employed, payroll records showing the hours worked daily by and the wages paid to, and the number of piece-rate units earned by and any applicable piece rate paid to, employees employed at the respective plants or establishments. These records shall be kept in accordance with rules established for this purpose by the commission, but in any case shall be kept on file for not less than three years.”https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=1174 · California Labor Code, text from the Legislature's official law database (updated November 1, 2026) · Verified on November 12, 2026
  36. IWC MW-2026, posting line. “PLEASE POST NEXT TO YOUR IWC INDUSTRY OR OCCUPATION ORDER”https://www.dir.ca.gov/iwc/MW-2026.pdf · Official notice published by the agency · Verified on November 12, 2026
  37. Cal. Lab. Code § 510(a)(1)-(3). “The requirements of this section do not apply to the payment of overtime compensation to an employee working pursuant to any of the following: (1) An alternative workweek schedule adopted pursuant to Section 511. (2) An alternative workweek schedule adopted pursuant to a collective bargaining agreement pursuant to Section 514. (3) An alternative workweek schedule to which this chapter is inapplicable pursuant to Section 554.”https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=510 · California Labor Code, text from the Legislature's official law database (updated November 1, 2026) · Verified on November 12, 2026

What changed on this page

  • Page created. Verified against the California Labor Code (the Legislature's official text), IWC Order 4-2001 and the Labor Commissioner's guidance and opinion letters.

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