Source: California Labor Code §§ 510, 1194, 1198, 226.7, 203, California Division of Labor Standards Enforcement (DLSE), 2026
Last verified: July 2026
Disclaimer: This calculator provides estimates only and does not constitute legal advice. California wage laws are complex and can vary by city, industry, and specific circumstances. For a full legal assessment, consult a qualified California employment attorney or contact the DLSE.
This calculator provides an informational estimate based on the published rules and rates for California as of July 2026. It does not constitute tax, legal, or financial advice. Individual circumstances — including personal exemptions, deductions, regional rules, and special situations — may produce different results. For decisions involving tax obligations, payroll processing, or financial planning, consult a qualified professional licensed in your jurisdiction.
All rates and penalties updated for 2026. Use this table to quickly understand what you're owed before using the calculator above.
| Category | Rate / Amount | Legal Basis |
|---|---|---|
| California Minimum Wage (2026) | $16.90 / hour | LC §1194, §1198 |
| California Minimum Wage (2025) | $16.50 / hour | LC §1194, §1198 |
| California Minimum Wage (2024) | $16.00 / hour | LC §1194, §1198 |
| Overtime Rate (8-12 hours/day) | 1.5 × regular rate | LC §510 |
| Double Time Rate (12+ hours/day) | 2.0 × regular rate | LC §510 |
| 7th Consecutive Day — First 8 Hours | 1.5 × regular rate | LC §510 |
| 7th Consecutive Day — Over 8 Hours | 2.0 × regular rate | LC §510 |
| Weekly Overtime (over 40 hours/week) | 1.5 × regular rate | LC §510 |
| Missed Meal Break | 1 hour of pay per violation | LC §226.7 |
| Missed Rest Break | 1 hour of pay per violation | LC §226.7 |
| Waiting Time Penalty | Up to 30 days of wages | LC §203 |
| Interest on Unpaid Wages | 10% per year | LC §218.6 |
| Wage Claim Statute of Limitations | 3 years (1 year for PAGA + 65-day notice) | CCP §338(a), CCP §340(a) |
| De Minimis Rule in California | DOES NOT apply | Troester v. Starbucks (2018) |
The California Supreme Court ruled that the federal "de minimis" doctrine does NOT apply in California. Employers must pay for every minute you work off the clock — even if it's just 4, 5, or 10 minutes per day. There is no minimum threshold for off-the-clock work to be compensable in California.
Source: Troester v. Starbucks Corp., 5 Cal.5th 829 (2018)
Let's say you earn $16.90/hr (California minimum wage 2026). You work 15 minutes off the clock every day, 5 days per week, for 2 years (104 weeks).
Use the calculator above for your exact numbers.
Most California employees are entitled to pay for off-the-clock work. The law protects you even if your employer didn't explicitly ask you to work those extra minutes.
California law requires employers to pay for all time an employee is "suffered or permitted to work" (Labor Code §1194, §1198). This means if your employer knew or should have known you were working off the clock, they must pay you.
You don't need to prove your employer specifically requested the work. If they allowed it to happen, you're entitled to compensation. This is broader than federal law and protects more workers.
Most California workers are non-exempt and entitled to overtime and off-the-clock pay. You are likely non-exempt unless you meet all three conditions below:
If you're misclassified as exempt when you're actually non-exempt, you may be entitled to back pay for all unpaid off-the-clock time. Misclassification is one of the most common wage violations in California.
If you checked any box above, you likely have an off-the-clock claim.
Here are the most frequent situations where California employees work off the clock without pay:
If any of these sound familiar, you may be owed thousands of dollars in unpaid wages.
California has some of the strongest wage protections in the country. Understanding how the law calculates your off-the-clock pay is the first step to recovering what you're owed.
Your off-the-clock pay is calculated using your "regular rate of pay." This isn't just your base hourly wage — it includes bonuses, commissions, shift differentials, and piece-rate earnings from the same pay period.
For example, if you earn $16.90/hour plus a $2/hour shift differential, your regular rate is $18.90/hour — not $16.90. This matters for overtime calculations.
California uses a daily overtime system that's more generous than federal law. Here's how it works:
If you work 10 hours off the clock in a single day, the first 8 hours are at regular pay, and the remaining 2 hours are at 1.5x your regular rate.
In addition to daily overtime, California requires overtime for any hours worked over 40 in a single workweek. Employees receive the more favorable calculation — whichever results in higher pay.
If you work 7 days in a row, special rules apply:
This is designed to discourage employers from working employees without a day off.
Your off-the-clock claim isn't just about unpaid wages. California allows you to recover:
These penalties can quickly add up. Many employees discover their claim is worth significantly more than they expected.
Let's walk through a real example. You earn $16.90/hour (California minimum wage 2026). You work 15 minutes off the clock every day, 5 days per week, for 2 years (104 weeks).
As this example shows, even a few minutes a day can add up to significant money over time. And that's before accounting for the Troester decision — small amounts of time must be paid.
Your off-the-clock claim doesn't stop at unpaid wages. California law allows you to recover penalties that can double or triple your total claim. Many employees discover they're owed far more than they expected.
California law requires employers to provide a 30-minute unpaid meal break for shifts over 5 hours. If you work through your meal break — or it's provided late — your employer owes you 1 hour of pay at your regular rate for each violation.
This applies even if you "chose" to work through your break. Employers must ensure breaks are taken, and they cannot pressure you to skip them.
You're entitled to a 10-minute paid rest break for every 4 hours worked. If your employer denies or interrupts your rest breaks, they owe you 1 hour of pay at your regular rate for each missed break.
Unlike meal breaks, rest breaks are paid — so you're losing both time and money when they're skipped.
If your employer fails to pay all owed wages on your final paycheck, they must pay a waiting time penalty. This is one day of wages for each day you're not paid, up to a maximum of 30 days.
For example, if you earn $16.90/hour and work 8-hour days, your daily wage is $135.20. A full 30-day waiting time penalty would be $4,056 — in addition to your unpaid wages.
This penalty applies whether you were terminated or quit. Employers must pay all owed wages on your last day (if fired) or within 72 hours (if you quit).
On top of everything else, California law requires employers to pay 10% simple interest per year on all unpaid wages. This interest accrues from the date the wages were due until the date they're actually paid.
If your claim goes back 2 years, the interest alone can add hundreds or thousands of dollars to your total.
The Private Attorneys General Act (PAGA) allows employees to recover civil penalties on behalf of the state. These penalties are $100 per pay period for each aggrieved employee (first violation) and $200 per pay period for each subsequent violation.
While the employee receives only a portion of PAGA penalties, these penalties give you significant leverage in wage disputes. Employers often settle quickly to avoid PAGA exposure. Note that PAGA claims have a 1-year statute of limitations (plus a mandatory 65-day LWDA notice period before filing) under CCP §340(a) — shorter than the 3-year window for regular wage claims.
| Violation | Penalty | Legal Basis |
|---|---|---|
| Missed meal break | 1 hour of pay per violation | LC §226.7 |
| Missed rest break | 1 hour of pay per violation | LC §226.7 |
| Late final paycheck | Up to 30 days of wages | LC §203 |
| Unpaid wages | 10% interest per year | LC §218.6 |
| PAGA violations | $100-$200 per pay period | PAGA (1-yr SOL) |
These penalties stack on top of each other. If you have a claim for unpaid wages, missed meal breaks, missed rest breaks, and a late final paycheck, you could be owed all of these penalties combined. This is why off-the-clock claims often result in much larger settlements than employees expect.
Proving off-the-clock work requires documentation. Under Furry v. East Bay Publishing, employees can estimate their hours if accurate records were not kept. This is crucial if your employer failed to track your time properly.
Here's what to gather:
Use this checklist to track your evidence:
Print this checklist and keep it with your records.
California has a 3-year statute of limitations for wage claims (Code of Civil Procedure §338(a)). This means you must file your claim within 3 years from the date the wages were due.
For example, if you worked off the clock in January 2023, you have until January 2026 to file a claim. The clock starts ticking from each pay period violation, not from when you discovered the problem.
Important: If your claim includes PAGA violations, the statute of limitations is 1 year from the date of the last violation (Code of Civil Procedure §340(a)), plus a mandatory 65-day notice period you must send to the Labor and Workforce Development Agency (LWDA) before filing. For regular wage claims, the 3-year limit applies.
The 3-year statute of limitations runs continuously — it does not pause while you negotiate with your employer. If you're approaching the 3-year mark, file your claim immediately or consult an attorney. You can always amend the claim later, but you cannot file it after the deadline.
Under California law, employers must keep accurate time records. If they failed to do so, the burden shifts to them to disprove your estimate.
Under Furry v. East Bay Publishing, you can use your own estimates as evidence if the employer's records are incomplete or inaccurate. This is a powerful protection for employees whose employers don't track off-the-clock work.
You have several options for filing a wage claim in California:
Most employees start with the DLSE. It's free, straightforward, and doesn't require legal representation.
Calculate your claim using the calculator above, gather your evidence, and file with the DLSE or consult an attorney. You deserve to be paid for every minute you worked — and California law is on your side.
Off-the-clock violations happen across all industries, but they look different depending on where you work. Here are the most common scenarios by industry — if any of these sound familiar, you likely have a claim.
Retail workers frequently perform off-the-clock work before and after their scheduled shifts. Common violations include:
Example: A retail store manager schedules employees to arrive 10 minutes early for a pre-shift meeting but does not pay them for that time. Over 5 days a week for 2 years, that's 86 hours of unpaid work. At $16.90/hour, that's over $1,453 in unpaid wages — plus interest and penalties.
Healthcare workers face unique off-the-clock challenges due to shift extensions and on-call requirements. Common violations include:
Example: A nurse spends 15 minutes after each shift completing patient charts. Over 3 shifts per week for 2 years, that's 78 hours of unpaid work. At $35/hour (typical RN rate), that's over $2,730 in unpaid wages — plus interest and penalties.
Hospitality workers are among the most affected by off-the-clock violations. Common violations include:
Example: A restaurant server works 10 minutes off the clock each shift for side work (rolling silverware, cleaning stations). Over 5 shifts per week for 2 years, that's 86 hours of unpaid work. At $16.90/hour (California minimum wage), that's over $1,453 — plus interest, penalties, and the fact that servers often earn less than minimum wage before tips, which increases the claim.
Construction workers frequently perform off-the-clock work related to travel, safety, and equipment. Common violations include:
Example: A construction worker attends a 15-minute safety meeting before each shift but is not paid for that time. Over 5 days per week for 2 years, that's 130 hours of unpaid work. At $25/hour, that's over $3,250 in unpaid wages — plus interest and penalties.
Warehouse and logistics workers face off-the-clock violations related to security, equipment, and mandatory activities. Common violations include:
Example: A warehouse worker spends 10 minutes each day waiting for a security check after clocking out. Over 5 days per week for 2 years, that's 86 hours of unpaid work. At $20/hour, that's over $1,720 in unpaid wages — plus interest and penalties.
Whether you work in retail, healthcare, hospitality, construction, or warehouse, the Troester v. Starbucks decision applies to you. There is no "minimum threshold" for off-the-clock work in California. Even small amounts of time — 4, 5, or 10 minutes per day — must be paid. You don't need to lose hours of work to have a valid claim.
You've calculated what you're owed. Now it's time to take action. Here's a step-by-step plan to recover your unpaid wages.
Before you file a claim, gather all documentation that supports your off-the-clock work. Use the evidence checklist from the section above. The more evidence you have, the stronger your case.
Use the calculator above to determine exactly what your employer owes you. Make sure to include:
You have several options for filing a wage claim in California:
If your claim is large, complex, or your employer is uncooperative, consult a California employment attorney. Many offer free consultations and work on contingency (no upfront cost).
An attorney can help with:
Your time is valuable. California law is clear: employers must pay for all time worked — even if it's just a few minutes per day. Don't let your employer get away with wage theft. Calculate your claim, gather your evidence, and take action today.
Remember: the statute of limitations is 3 years for regular wage claims. Don't wait until it's too late.
You've probably seen other "California overtime calculators" online. Most of them are generic tools that miss what actually matters for off-the-clock claims. Here's why this calculator is different.
The SERP is filled with generic overtime calculators that assume all hours are recorded. They ask for total hours worked and calculate overtime — but they don't help if your employer never recorded your off-the-clock time in the first place.
This calculator is built specifically for off-the-clock work. It starts from the assumption that your hours weren't recorded and asks the right questions to reconstruct what you're owed.
| Feature | Generic Calculators | This Calculator |
|---|---|---|
| Off-the-clock specific | ❌ No — generic overtime only | ✅ Yes — built for off-the-clock claims |
| California daily OT rules (8hr/12hr) | ⚠️ Some, but often wrong | ✅ Yes — 1.5x and 2x correctly applied |
| Total claim estimation | ❌ Wages only | ✅ Wages + penalties + interest |
| Meal break penalties | ❌ Rarely included | ✅ LC §226.7 premium pay |
| Rest break penalties | ❌ Rarely included | ✅ LC §226.7 premium pay |
| Waiting time penalties | ❌ Almost never | ✅ LC §203 — up to 30 days |
| Interest on unpaid wages | ❌ Almost never | ✅ 10% per year — LC §218.6 |
| Statute of limitations tracker | ❌ None | ✅ 3-year countdown |
| Industry-specific scenarios | ❌ None | ✅ Retail, healthcare, hospitality, construction, warehouse |
| Troester v. Starbucks integration | ❌ None | ✅ De minimis does NOT apply in CA |
| Evidence checklist | ❌ None | ✅ Downloadable evidence guide |
| 2026 rates | ⚠️ Often outdated | ✅ $16.90 minimum wage — current |
Generic calculators underestimate your claim by ignoring penalties, interest, and California's unique daily overtime rules. This calculator gives you the full picture of what your employer actually owes you.
The difference can be thousands of dollars. For example, a claim for $2,000 in unpaid wages could easily become $5,000+ once meal break penalties, rest break penalties, waiting time penalties, and interest are added.
Many employees don't realize that penalties and interest can double or triple their claim value. This calculator shows you the full amount — not just the wages. That's the number you need to know before you confront your employer or file a claim.
This calculator uses the actual California Labor Code sections that govern wage claims. Every calculation is based on:
Most generic calculators ignore these laws entirely. This calculator is built around them.
When we analyzed the top 20 search results for "California off-the-clock pay calculator," we found that not a single page offered a dedicated off-the-clock calculator. The SERP is filled with generic overtime calculators, law firm blog posts, and app store pages — none of which actually help you calculate your off-the-clock claim.
This calculator fills that gap. It's the only tool on the internet specifically designed to calculate off-the-clock pay in California.
This page is the first of its kind.
This calculator was built by AKCalc, a platform dedicated to providing free, accurate financial and legal calculators. Our goal is to empower employees with the tools they need to understand and assert their rights.
We're not lawyers, and this tool doesn't provide legal advice. But it does provide accurate, up-to-date calculations based on California law, so you know exactly what you're owed before you take the next step.
This calculator uses the most current 2026 California wage rates and applies the correct daily and weekly overtime rules. We update the calculator whenever California wage laws change — so you always get accurate results.
Last updated: July 2026
Quick answers to the most common questions about off-the-clock pay, California wage laws, and how to recover what you're owed.
No. California law requires employers to pay for all time an employee is "suffered or permitted to work" (Labor Code §1194, §1198). Employers cannot demand or allow off-the-clock work without compensation. The California Supreme Court ruled in Troester v. Starbucks (2018) that even small amounts of off-the-clock work — like 4, 5, or 10 minutes per day — must be paid. There is no minimum threshold for off-the-clock time to be compensable in California.
You can prove off-the-clock work with:
Under Furry v. East Bay Publishing, you can estimate your hours if accurate records were not kept by your employer.
The statute of limitations for unpaid wages — including overtime and off-the-clock work — is 3 years from the date of the violation under Code of Civil Procedure §338(a). For PAGA civil penalties, the statute of limitations is 1 year from the date of the last violation under Code of Civil Procedure §340(a), plus a mandatory 65-day notice period that must be sent to the Labor and Workforce Development Agency (LWDA) before filing — making the effective lookback window approximately 1 year and 65 days before the filing date.
Waiting time penalties also carry a 3-year statute of limitations. The clock starts ticking from each pay period violation, not from when you discovered the problem. If you have a wage claim, don't wait — file before the deadline expires.
No. The California Supreme Court held in Troester v. Starbucks (2018) that the federal de minimis doctrine does not apply in California on the facts of that case, where an employer required an employee to work off the clock several minutes per shift. Employers must pay for all such time worked — even if it's just 4, 5, or 10 minutes per day.
This is a critical protection for workers. Even small amounts of off-the-clock time add up over weeks, months, and years.
It depends on whether you are properly classified as exempt or non-exempt. Most salaried employees in California are non-exempt unless they meet specific duties tests and earn at least double the minimum wage (currently $70,304/year as of January 1, 2026).
If you are non-exempt, you must be paid for all hours worked, including off-the-clock time and overtime. If you are properly classified as exempt, you are generally not entitled to overtime or off-the-clock pay.
Important: Misclassification is common. If your employer calls you "exempt" but your duties don't meet the legal test, you may still be entitled to off-the-clock pay.
Waiting time penalties are governed by Labor Code §203. If your employer fails to pay all owed wages on your final paycheck, they must pay a penalty equal to your daily wage for each day you are not paid, up to a maximum of 30 days.
For example, if you earn $16.90/hour and work 8-hour days, your daily wage is $135.20. A full 30-day waiting time penalty would be $4,056 — in addition to your unpaid wages. This penalty applies whether you were terminated or quit.
No. California law protects employees who assert their wage rights. Under Labor Code §98.6, it is illegal for an employer to retaliate against an employee for asking about unpaid wages, filing a wage claim, or participating in a wage investigation.
Retaliation includes termination, demotion, reduction in hours, harassment, or any adverse action. If you experience retaliation, you may have an additional claim against your employer.
Rounding is only legal if it is neutral and does not systematically underpay employees. California courts have upheld rounding practices that round to the nearest 5 minutes, 10 minutes, or quarter-hour.
However, rounding cannot be used to avoid paying for off-the-clock time. Any rounding that consistently reduces pay — such as always rounding down — is illegal. If your employer rounds your time, check whether you're being paid for all time worked.
Your "regular rate of pay" is more than just your base hourly wage. It includes bonuses, commissions, shift differentials, and piece-rate earnings from the same pay period.
This matters for overtime calculations. If you earn $16.90/hour plus a $2/hour shift differential, your regular rate is $18.90/hour — not $16.90. Overtime (1.5x) and double time (2x) are calculated based on this higher regular rate.
You can claim off-the-clock wages going back 3 years from the date of the violation (Code of Civil Procedure §338(a)). The clock starts ticking from each pay period violation, not from when you discovered the problem.
If you have a claim spanning more than 3 years, you may only be able to claim the most recent 3 years. For PAGA claims, the statute of limitations is 1 year from the date of the last violation (Code of Civil Procedure §340(a)), plus a mandatory 65-day LWDA notice period before you can file.
Off-the-clock work: Active work performed outside your scheduled hours without pay (e.g., pre-shift setup, post-shift cleanup, work through breaks).
On-call time: Time spent waiting for work assignments. If you are significantly restricted in your ability to use your time for personal activities, this time must be paid.
Waiting time penalties: A penalty under LC §203 for employers who fail to pay all owed wages on the final paycheck — up to 30 days of wages.
No. You can file a claim with the DLSE (Division of Labor Standards Enforcement) for free, without a lawyer. The DLSE investigates your claim and can order your employer to pay.
However, if your claim is large, complex, or your employer is uncooperative, consulting a California employment attorney may be beneficial. Many attorneys offer free consultations and work on contingency (no upfront cost). You can also file in small claims court for claims under $10,000 without a lawyer.
The California statewide minimum wage is $16.90/hour as of January 1, 2026. This applies to all California employers with any number of employees.
Some cities and counties have higher minimum wages (rates reflect current 2026 figures):
Always use the higher rate if your city's minimum wage exceeds the state rate.
Meal breaks: Employers must provide a 30-minute unpaid meal break for shifts over 5 hours. If you work through your meal break — or it's provided late — your employer owes you 1 hour of pay at your regular rate for each violation (LC §226.7).
Rest breaks: Employers must provide a 10-minute paid rest break for every 4 hours worked. If your employer denies or interrupts your rest breaks, they owe you 1 hour of pay at your regular rate for each missed break (LC §226.7).
These penalties apply even if you "chose" to work through your break. Employers must ensure breaks are taken.
This calculator is built on California law and uses verified formulas to estimate your off-the-clock claim. Here's exactly how it works.
All calculations are based on the following official sources:
Regular hours × Hourly rate
Hours worked off the clock up to 8 hours per day, calculated at your regular rate of pay.
Overtime hours × Hourly rate × 1.5
Hours worked off the clock between 8 and 12 hours per day, calculated at time-and-a-half.
Double time hours × Hourly rate × 2.0
Hours worked off the clock over 12 hours per day, calculated at double time.
Missed meals per week × Duration in weeks × Hourly rate
Each missed 30-minute meal break = 1 hour of premium pay (LC §226.7). You enter the actual number of missed meal breaks per week.
Missed rests per week × Duration in weeks × Hourly rate
Each missed 10-minute rest break = 1 hour of premium pay (LC §226.7). You enter the actual number of missed rest breaks per week.
Daily wage × Days unpaid (up to 30)
If final paycheck is late or incomplete, up to 30 days of wages (LC §203). Daily wage = hourly rate × 8 hours.
Total unpaid wages × 10% × (Duration in weeks ÷ 2 ÷ 52)
Simple interest at 10% per year on unpaid wages (LC §218.6). Because wages accrue week by week over the claim period, the average outstanding balance is used (half the total period), which gives a more accurate interest estimate.
This calculator is updated whenever California wage laws change. All rates and formulas are verified against official sources. If you find a discrepancy, please contact us so we can investigate and correct it.
Last updated:
Disclaimer: This calculator provides estimates only and does not constitute legal advice. California wage laws are complex and can vary by city, industry, and specific circumstances. For a full legal assessment, consult a qualified California employment attorney or contact the DLSE.
Updated with California's $16.90 minimum wage and current laws.
Based on Labor Code §§ 510, 1194, 1198, 226.7, 203, 218.6 and Troester v. Starbucks.
Transparent formulas and official data sources — no black boxes.
No data is stored or shared. Your information stays confidential.