California · Labor Code §510

California Overtime Pay Calculator

Estimate straight time, daily overtime (1.5×), and double time (2×) for a nonexempt employee on a standard schedule under California Labor Code §510. Exclusions apply.

Estimate only — nonexempt §510 model. This does not determine exempt status, alternative workweek (§511) validity, CBA terms, piece rate, or tip credits. Not legal advice. Full disclaimer.

Over 8 → 1.5× through 12; over 12 → 2×. Premiums do not stack on the same hour.

California OT rules summary last reviewed: 2026-10-02. Confirm against DIR/DLSE and counsel for your facts.

California daily and weekly overtime — Labor Code §510

For most nonexempt employees on a standard schedule, California requires overtime premiums based on both the workday and the workweek. That dual structure surprises workers and managers who only know the federal Fair Labor Standards Act’s weekly overtime rule. The Division of Labor Standards Enforcement (DLSE) overtime FAQ and Labor Code §510 describe the core structure this calculator models for educational estimates.

  • 1.5× the regular rate of pay for hours over 8 in a workday (through 12), for hours over 40 in a workweek, and for the first 8 hours on the seventh consecutive day of work in a workweek.
  • 2× the regular rate for hours over 12 in a workday and for hours over 8 on that seventh consecutive day.
  • Do not stack multiple overtime premiums on the same hour. An hour that already pays double time is not also paid weekly OT on top of that double-time premium.

The “regular rate” can be more complex than a simple hourly wage when bonuses, shift differentials, or multiple rates appear in the same workweek. This calculator assumes a single constant hourly regular rate that you enter. If your pay stubs show blended rates, get a payroll specialist involved before you treat the output as authoritative.

Formula used on this page

Single workday

Let H = hours in the workday and R = regular hourly rate.

  • Straight-time hours = min(H, 8)
  • OT (1.5×) hours = max(0, min(H, 12) − 8)
  • DT (2×) hours = max(0, H − 12)
  • Pay = (straight × R) + (OT × R × 1.5) + (DT × R × 2)

Worked example: 10-hour day at $20/hour → 8 straight + 2 OT. Pay = (8 × 20) + (2 × 20 × 1.5) = 160 + 60 = $220. Overtime hours = 2. This is the smoke-test case: a 10-hour California day under §510 creates OT hours.

Worked example: 13-hour day at $20 → 8 straight + 4 OT + 1 DT. Pay = 160 + 120 + 40 = $320.

Worked example: Exactly 8 hours at $18 → $144 with zero overtime. Crossing eight hours — not merely working a long week — is what triggers daily OT on a standard schedule.

Workweek with weekly OT

After classifying each day, if total straight-time hours across the week exceed 40, the excess straight-time hours are reclassified to 1.5× (weekly OT) so the same hour is not paid both as straight time and as weekly OT. Hours already tagged as daily OT or DT are left alone. Example: six straight 8-hour days (48 hours) with no daily OT yields 40 straight-time hours and 8 weekly OT hours under this simplified model.

Seventh consecutive day

When Day 7 is the seventh consecutive day worked in the workweek, California treats that day specially under §510: the first 8 hours are at 1.5× and hours beyond 8 are at 2×. There is no straight-time band on that day in the standard framing. The calculator exposes a checkbox so you can model whether Day 7 truly is consecutive; do not check it for a seventh calendar day if the employee had a day off earlier in the workweek.

Exclusions and limitations (read before relying on the number)

  • Alternative workweek schedules adopted under Labor Code §511 can change daily OT thresholds after a proper election.
  • Exempt executive, administrative, professional, outside sales, and certain other classifications fall outside this nonexempt model.
  • Collective bargaining agreements may validly alter overtime in ways this tool does not encode.
  • Piece rate, tip credits, multi-rate weeks, on-call, and travel time need separate analysis.
  • Meal and rest break premiums are distinct Labor Code obligations and are not computed here.
If your schedule is an alternative workweek, you are paid multiple rates in one week, or classification is disputed, use counsel or a qualified payroll professional — not this estimate alone. Misapplying OT math can create wage claims or, conversely, overpayments that are hard to claw back cleanly.

How this relates to federal FLSA overtime

Federal law generally requires 1.5× for hours over 40 in a workweek for nonexempt employees, without California’s daily OT structure. When both apply, employees are typically entitled to the greater benefit required by state or federal law for the period — California’s daily rules often produce more premium hours than FLSA alone. This page models the California §510 framing educators and payroll students ask about most; it is not a dual-jurisdiction engine.

FAQ

Does a 10-hour day always create overtime in California?

For a nonexempt employee on a standard (non-alternative) schedule, yes — hours 9 and 10 are generally at 1.5× under §510. Alternative workweeks and exemptions can change that answer.

Do daily and weekly OT stack on the same hour?

No. California does not require stacking multiple OT premiums on one hour. This calculator reclassifies excess weekly straight-time hours instead of double-counting.

What about meal and rest break premiums?

Those are separate obligations. Missing a required meal break can create an hour of premium pay under different rules, which this OT estimator does not add automatically.

Can I use this for an exempt salaried manager?

No. Exempt status, when correctly applied, removes the employee from these overtime formulas. Classification mistakes are a frequent dispute area — get advice.

Official sources