Overtime Pay Calculator: Federal & California Rules
Calculate overtime pay under federal law or California daily, weekly and seventh-day rules, with a pay breakdown by tier.
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Federal rule: hours over 40 in the workweek are paid at 1.5 times the regular rate. There is no federal daily overtime.
1.5 is the legal minimum; some employers pay 2.
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How overtime pay works in the US
Under the federal Fair Labor Standards Act, an employee who is covered and not exempt must be paid at least one and one-half times their regular rate for hours worked over 40 in a workweek. The workweek is a fixed, recurring period of 168 hours, and hours cannot be averaged across two weeks. The federal law has no daily overtime and does not require extra pay for weekends or holidays as such. Several states add rules of their own; California's are the best known, and this calculator covers both.
California overtime in brief
- Over 8 hours in a workday, over 40 hours in a workweek, and the first 8 hours on the seventh day of the workweek: 1.5 times the regular rate.
- Over 12 hours in a day, and over 8 hours on the seventh day: twice the regular rate.
- An employer does not have to combine more than one overtime rate for the same hour, so an hour paid as daily overtime is not counted again towards the weekly 40.
The same week, two rule sets (at $20 an hour)
| Week | Federal gross | California gross | California overtime hours |
|---|---|---|---|
| 5 days × 8 hours | $800.00 | $800.00 | 0 |
| 5 days × 9 hours | $950.00 | $950.00 | 5 |
| 4 days × 12 hours | $1,040.00 | $1,120.00 | 16 |
| 5 days × 10 hours | $1,100.00 | $1,100.00 | 10 |
| 7 days × 8 hours | $1,280.00 | $1,280.00 | 16 |
Long days are where the two diverge: four 12-hour days are 48 hours either way, but federal law pays 8 of them as overtime and California pays 16.
What this calculator does not cover
The regular rate includes more than the hourly wage, such as non-discretionary bonuses and shift differentials, so enter your full regular rate. Many executive, administrative and professional employees are exempt, and being salaried does not by itself make someone exempt. Other states have their own overtime rules, collective agreements can pay more, and alternative workweek schedules change the California calculation. Check with your payroll department or the Department of Labor's Wage and Hour Division for your own case. The hourly to salary calculator turns your rate into an annual figure.
Frequently asked questions
- How is federal overtime pay calculated?
- Under the Fair Labor Standards Act, covered employees who are not exempt must be paid at least one and one-half times their regular rate for hours worked over 40 in a workweek (US Department of Labor Fact Sheet 23). Example: 45 hours at $20 an hour is 40 regular hours ($800) plus 5 overtime hours at $30 ($150), so $950 gross for the week. A workweek is a fixed, recurring period of 168 hours; hours cannot be averaged over two weeks.
- Is there federal daily overtime?
- No. The federal law looks only at hours over 40 in the workweek, so 12 hours on each of three days (36 hours) earns no overtime federally. It also does not require extra pay for weekends or holidays as such. Some states add their own daily or seventh-day rules.
- How does California overtime differ?
- California Labor Code 510 requires 1.5 times the regular rate for hours over 8 in a workday, over 40 in a workweek, and for the first 8 hours on the seventh day of a workweek, and twice the regular rate over 12 hours in a day and over 8 hours on the seventh day. Example at $20 an hour, four 12-hour days: federal pays 40 regular and 8 overtime hours, $1,040 gross. California pays 32 regular, 16 overtime hours, $1,120 gross.
- Are overtime hours and double time added together?
- No. Section 510 says an employer does not have to combine more than one overtime rate for the same hour, and this calculator does not. An hour paid as daily overtime is not counted again towards the 40-hour weekly overtime. A 13-hour day at $20 pays 8 regular hours ($160), 4 hours at $30 ($120) and 1 hour at $40 ($40), $320 in all.
- What counts in the regular rate?
- The regular rate includes all pay for the job, not just the hourly wage, apart from certain exclusions in the law such as expense reimbursements and discretionary bonuses (DOL Fact Sheet 23). A non-discretionary bonus or shift differential can raise it, which raises the overtime rate too. This calculator uses the rate you enter, so enter your full regular rate.
- Who is not entitled to overtime?
- Employees the law specifically exempts, such as many executive, administrative and professional employees who meet the salary and duties tests, and some other groups. Being salaried does not by itself make someone exempt. This tool does not decide exemption; if you are unsure, ask your employer or the Department of Labor's Wage and Hour Division.
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