Overtime Eligibility in California as of 2025 — Especially Important For Non-Exempt Employees
🕒 California Overtime Rules (2025)
✅ When Is Overtime Required?
California requires daily and weekly overtime pay for non-exempt employees:
🔹 Daily Overtime
- Over 8 hours in a single workday = 1.5× pay
- Over 12 hours in a single workday = 2× pay
- Over 8 hours on the 7th consecutive day in a workweek = 2× pay
🔹 Weekly Overtime
- Over 40 hours in a workweek = 1.5× pay
- A workweek is defined as any 7 consecutive days, not necessarily Monday–Sunday
🔹 7th Day Rule
- If you work all 7 days in a row:
- First 8 hours on the 7th day = 1.5× pay
- Over 8 hours on the 7th day = 2× pay
💼 Example
Let’s say you worked this schedule:
Day | Hours Worked |
---|
Monday | 9 |
Tuesday | 8 |
Wednesday | 10 |
Thursday | 8 |
Friday | 8 |
Saturday | 6 |
Sunday | 9 |
✅ You’d earn:
- Overtime on Monday (1 hr over 8) = 1.5× pay
- Overtime on Wednesday (2 hrs over 8) = 1.5× pay
- Overtime on Sunday:
- First 8 hrs = 1.5× pay (7th consecutive day)
- Last 1 hr = 2× pay
🔒 Who’s Eligible?
- Only non-exempt employees are legally entitled to overtime.
- Exempt employees (managers, professionals, etc. who meet exemption criteria) do not get overtime.
📌 Notes
- Overtime must be calculated on both daily and weekly bases — whichever results in more pay.
- Employers cannot waive these rules even with employee agreement.
- Comp time (time off in lieu of overtime pay) is not allowed in the private sector.