Under Labor Code §510(a), a non-exempt employee earns one and one-half times their regular rate for hours over eight in a workday, for hours over 40 in a workweek, or for the first eight hours on the seventh consecutive day of a workweek. Double time is owed for hours over 12 in a workday, and for hours over eight on the seventh consecutive day working.
Deadlines to know now. Unpaid overtime and other statutory wage claims: generally 3 years (Code Civ. Proc. §338). Final pay after a discharge: due immediately (Labor Code §201). Waiting-time penalty: up to 30 calendar days of daily wages (Labor Code §203). Payroll records after a written request: 21 calendar days (Labor Code §226(c)). Personnel file: 30 calendar days (Labor Code §1198.5). These are general periods, and exceptions and tolling rules exist.
When is overtime owed in California?
Labor Code §510(a) sets the rule: “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.”
| Hours worked | Rate owed | Source |
|---|---|---|
| Over 8 and up to 12 in a workday | 1.5x the regular rate | Lab. Code §510(a) |
| Over 12 in a workday | 2x the regular rate | Lab. Code §510(a) |
| Over 40 in a workweek | 1.5x the regular rate | Lab. Code §510(a) |
| First 8 hours on the 7th consecutive day of a workweek | 1.5x the regular rate | Lab. Code §510(a) |
| Over 8 hours on the 7th consecutive day of a workweek | 2x the regular rate | Lab. Code §510(a) |
Does being paid a salary mean I do not get overtime?
No. A salary is a method of payment, and the exemption is a separate test the employer must satisfy.
Labor Code §515(a) allows exemptions for executive, administrative and professional employees only where the employee (1) is “primarily engaged in the duties that meet the test of the exemption,” (2) “customarily and regularly exercises discretion and independent judgment in performing those duties,” and (3) “earns a monthly salary equivalent to no less than two times the state minimum wage for full-time employment.” Section 515(c) defines full-time employment as 40 hours per week.
All three parts have to be true at once. A salaried title with no independent judgment behind it does not satisfy the duties test, and a job that meets the duties test but pays below the salary floor is not exempt either.
The salary floor moves with the minimum wage. The Labor Commissioner states that “[e]ffective January 1, 2026, the minimum wage is $16.90 per hour for all employers,” with limited exceptions. Two times that rate, applied to a 40-hour week across a year, is $70,304 annually, or about $5,858.67 a month. An employee paid a salary below that floor is not exempt under §515(a) regardless of their job title or duties.
What is my “regular rate”?
The regular rate is not always the hourly figure on your offer letter. Overtime is calculated on the regular rate of pay, which can include more than base wages, and non-discretionary bonuses, shift differentials and commissions can change it. A production bonus that is promised for hitting a target is treated differently from a genuine, unannounced gift.
The practical consequence is that an employer can pay the correct number of overtime hours at an incorrect rate, and the shortfall is invisible on the pay stub unless you know what to look for.
What if my employer says I agreed to the arrangement?
Labor Code §1194(a) answers this directly: “Notwithstanding any agreement to work for a lesser wage, any employee receiving less than the legal minimum wage or the legal overtime compensation applicable to the employee is entitled to recover in a civil action the unpaid balance of the full amount of this minimum wage or overtime compensation, including interest thereon, reasonable attorney’s fees, and costs of suit.”
Overtime rights are not waivable by private agreement. Signing something that says otherwise does not make it enforceable.
Common situations that go unpaid
- Work before or after the shift. Booting a system, setting up, closing down, or a security check that happens off the clock is still time worked.
- Working through an unpaid meal period. If you are not relieved of all duty, the time is worked time, and it counts toward the daily and weekly thresholds.
- Answering calls, messages and email at home. Time is time, whatever device it happens on.
- Averaging two weeks together. Overtime is calculated by the workday and the workweek. A quiet week does not offset a heavy one.
- Comp time instead of pay. Substituting time off for overtime pay is tightly restricted in California and is often done incorrectly.
- Being called an independent contractor. The label does not decide the question, and misclassification removes overtime along with everything else. See how the ABC test decides employee or independent contractor status in California.
How do I find out what I am owed?
Ask in writing for your records and keep proof of when you sent the request. Labor Code §226(c) covers payroll records and pay stubs, with 21 calendar days to comply. Labor Code §1198.5 covers your personnel file, with 30 calendar days. Each carries a statutory penalty for failure to comply, and both rights apply to former employees as well as current ones.
Keep your own record too. A contemporaneous note of start times, end times and meal periods is worth a great deal where the employer’s records are incomplete, which is frequently the situation in an unpaid overtime case.
If the job has already ended, the overtime is part of your final pay, and being late with it carries its own penalty. See when your final paycheck is due in California and how waiting-time penalties work.
Can my employer punish me for asking?
Labor Code §98.6 prohibits an employer from discharging or retaliating against an employee for filing a bona fide complaint or claim about rights within the Labor Commissioner’s jurisdiction, which includes unpaid wages and overtime. SB 497, effective January 1, 2024, added a rebuttable presumption of retaliation to §98.6 where the employer disciplines or discharges an employee within 90 days of the protected activity. Rebuttable means the employer can still put forward a legitimate, non-retaliatory reason.
California Labor Code §1102.5 is California’s core whistleblower protection statute. It prohibits an employer from retaliating against an employee who discloses information to a government or law enforcement agency, to a person with authority over the employee, or to another employee who has authority to investigate or correct the issue, when the employee has reasonable cause to believe the information shows a violation of a state or federal statute, or of a local, state, or federal rule or regulation. It also protects employees who refuse to participate in something they reasonably believe is illegal, and it covers internal complaints (to a supervisor or HR), not just reports to outside agencies.
Our retaliation and whistleblower page covers the two systems that can apply.
Frequently Asked Questions
When does California require overtime pay?
Labor Code §510(a) requires one and one-half times the regular rate for work over eight hours in a workday, over 40 hours in a workweek, and for the first eight hours on the seventh consecutive day of a workweek. Double the regular rate is required for work over 12 hours in a workday and for work over eight hours on that seventh consecutive day. California’s daily rule means overtime can be owed in a week with fewer than 40 hours.
Am I exempt from overtime because I am on a salary?
Not by itself. Labor Code §515(a) permits an exemption only where the employee is primarily engaged in exempt duties, customarily and regularly exercises discretion and independent judgment, and earns a monthly salary of at least two times the state minimum wage for full-time employment, which §515(c) defines as 40 hours per week. All three must be satisfied.
What is the minimum salary for an exempt employee in California?
Labor Code §515(a) sets the floor at two times the state minimum wage for full-time employment. The Labor Commissioner states the state minimum wage is $16.90 per hour effective January 1, 2026, which produces an exempt salary floor of $70,304 a year, or about $5,858.67 a month, on a 40-hour week. A salary below that floor cannot be exempt under §515(a).
Can I agree to give up overtime pay?
Labor Code §1194(a) provides that notwithstanding any agreement to work for a lesser wage, an employee receiving less than the legal overtime compensation is entitled to recover the unpaid balance in a civil action, including interest, reasonable attorney’s fees and costs of suit. An agreement to accept less does not extinguish the right.
How far back can I claim unpaid overtime in California?
Statutory wage claims generally carry a three-year limitations period under Code of Civil Procedure §338. Other periods can apply depending on the claim and how it is brought. These are general periods, exceptions and tolling rules exist, and working out your own deadline is a poor substitute for seeking advice early.
Does double time really apply after 12 hours?
Labor Code §510(a) requires no less than twice the regular rate for any work in excess of 12 hours in one day, and for any work in excess of eight hours on a seventh consecutive day of a workweek. Section 510 also provides that an employer is not required to combine more than one rate of overtime for the same hour of work.
This is general advice and specific legal questions should always be discussed with and reviewed by your attorney.
Interested in having your potential claim evaluated?
Do not delay. If you want an attorney to look at your situation, Taylor E. DeRosa of DeRosa Law Firm handles employment cases for employees across Orange County, Los Angeles County, and the Inland Empire. Reach out today for a free consultation.
About the author
Taylor Edward DeRosa is a California employment lawyer who represents employees. He was admitted to the State Bar of California in 2018 and practices from Orange County, California, representing employees across Orange County, Los Angeles County, and the Inland Empire, and throughout California. In 2025, the Employment Rights Section of the American Association for Justice presented its Employment Excellence Award to the trial team in Carmell v. Janet’s Enterprises, Inc., of which he was a member at the firm where the case was tried.
Legal disclaimer
This article is general information about California law. It is not legal advice, it is not a substitute for legal advice and reading it does not create an attorney-client relationship between you and DeRosa Law Firm or Taylor DeRosa. Do not act or decline to act based on this article alone.
Employment cases turn on their specific facts, and the law changes. Deadlines in California employment cases are strict, they differ by claim type and missing one can end a claim permanently. If you think you may have a claim, speak with a lawyer about your own situation well before any deadline.
The statutes, wage figures and agency guidance in this article were verified against California statutory sources and the Department of Industrial Relations on August 17, 2026. California employment law is amended every year, and the minimum wage and the exempt salary floor move with it.
Attorney advertising. This communication may be considered attorney advertising under the California Rules of Professional Conduct. Taylor Edward DeRosa, DeRosa Law Firm, is responsible for the content of this page. No outcome is guaranteed. Nothing in this article is a prediction, promise, or guarantee about the result of any legal matter.
