Source: California Labor Code §510, California Division of Labor Standards Enforcement (DLSE), 2026
Last verified: July 2026
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.
These examples show how California's overtime rules apply to salaried non-exempt employees. Each scenario uses the 173.33 divisor to convert salary to hourly rate, then applies daily overtime, double time, and the 7th consecutive day rule where applicable. Scenarios with mixed daily hours (different hours on different days) are pre-calculated and cannot be exactly reproduced with the calculator's uniform-day inputs — use them as reference. All numbers are verified for 2026.
| Scenario | Annual Salary | Hours/Week | Daily OT Pay | Double Time Pay | Weekly OT Pay | 7th Day Premium | Total OT Pay | Total Gross Pay |
|---|---|---|---|---|---|---|---|---|
| A – 45 hrs/wk, 9 hrs/day, Mon–Fri | $70,000 | 45 | $252.40 | $0.00 | $0.00 | $0.00 | $252.40 | $1,598.55 |
| B – 50 hrs/wk, 10 hrs/day, Mon–Fri | $85,000 | 50 | $613.10 | $0.00 | $0.00 | $0.00 | $613.10 | $2,247.72 |
| C – 60 hrs/wk, 11 hrs/day Mon–Fri + 5 hrs Sat | $60,000 | 60 | $649.05 | $0.00 | $216.35 | $0.00 | $865.40 | $2,019.25 |
| D – 60 hrs/wk, 7 consecutive days, 8 hrs/day × 6 days + 12 hrs on day 7 | $75,000 | 60 | $0.00 | $288.48 | $432.72 | $432.72 | $1,153.92 | $2,596.23 |
For 2026, the salary threshold for exempt employees in California is $70,304 per year. Any salaried employee earning less than this amount is automatically classified as non-exempt, regardless of job duties, and is legally entitled to overtime pay.
Your exempt or non-exempt status determines whether you're entitled to overtime pay. California uses a two-part test: the salary basis test and the duties test. If you fail either part, you are non-exempt and must receive overtime pay for hours worked beyond 8 per day or 40 per week.
The threshold updates annually based on inflation and is set at twice the state minimum wage for full-time employment. The 2025 threshold was $68,640. The 2026 increase to $70,304 reflects the rise in the state minimum wage to $16.90 per hour (2 × $16.90 × 2,080 hours = $70,304).
Even if your salary exceeds $70,304, your employer must still prove that your primary duties are executive, administrative, or professional in nature. California law defines these duties narrowly. Most managers, supervisors, and professionals qualify — but many job titles that sound exempt are actually non-exempt under California law.
✅ Quick Check: If your annual salary is below $70,304 in 2026, you are non-exempt. You cannot be denied overtime pay. Enter your salary into the calculator above to see exactly what you're owed.
Still unsure about your classification? California's Division of Labor Standards Enforcement (DLSE) provides official guidance. You can also review the duties test in detail on our Exempt vs. Non-Exempt Salary Test page.
California's overtime rules require daily overtime for hours over 8 in a single workday, double time for hours over 12 in a single workday, weekly overtime for hours over 40 in a workweek (not already counted as daily overtime), and 7th consecutive day overtime at 1.5× for the first 8 hours and 2× beyond 8 hours.
California's overtime rules are different from federal law. While the FLSA uses weekly overtime only (hours over 40), California requires daily and weekly overtime — and sometimes double time. For salaried non-exempt employees, the calculation starts with converting your salary to an hourly rate.
The state uses a standard monthly divisor of 173.33 hours to convert annual salary to hourly pay. This divisor assumes a 40-hour workweek and accounts for the average number of working hours in a month (52 weeks × 40 hours ÷ 12 months = 173.33). Your employer cannot use a different divisor unless they can prove it accurately reflects your actual work schedule.
Once you have your regular hourly rate, California's overtime rules apply as follows:
Your employer cannot require you to use comp time (time off in lieu of overtime pay) unless you work for a government agency. Private employers must pay overtime in wages, not time off. If your employer offers comp time instead of overtime pay, they are violating California law.
⚠️ Common Mistake: Many employers incorrectly calculate overtime based on a 40-hour weekly threshold only. California requires daily overtime AND weekly overtime — and the 7th consecutive day rule applies separately. Use the calculator above to ensure you're not being underpaid.
Need to understand the math behind the 173.33 divisor? Our Regular Rate of Pay guide breaks down the calculation step by step, including how bonuses and commissions affect your rate.
California's overtime calculation follows a clear sequence. Understanding each step helps you verify that your employer is paying you correctly. Here's how it works for salaried non-exempt employees.
Start with your annual salary. Divide by 12 to get your monthly salary, then divide by 173.33 (California's standard monthly divisor).
Example: $70,000 ÷ 12 = $5,833.33. $5,833.33 ÷ 173.33 = $33.65 per hour.
This hourly rate is your "regular rate" — the baseline for all overtime calculations. If you receive nondiscretionary bonuses or commissions, your regular rate increases (see Section 4 below).
For each day you work over 8 hours, apply the daily overtime rules. California uses a per-day calculation, not per-week. This means even if you work only 30 hours in a week, any day over 8 hours triggers overtime.
Example: If your hourly rate is $33.65 and you work 10 hours in one day, you earn 8 hours at $33.65, plus 2 hours at $50.48 ($33.65 × 1.5). That's $269.20 + $100.96 = $370.16 for that day instead of $336.50.
After calculating daily overtime, count your straight-time hours — that is, the first 8 hours worked on each regular day. If this total exceeds 40, the excess straight-time hours are paid at 1.5×.
No pyramiding: California law explicitly prohibits double-counting overtime hours. Once an hour has been paid as daily overtime, it cannot also count toward the 40-hour weekly threshold. Only straight-time hours accumulate toward the 40-hour weekly trigger. The DLSE requires employers to pay whichever is greater — daily or weekly — without stacking both on the same hours.
Example: You work 10 hours per day for 5 days (50 total). Daily overtime covers 2 hours × 5 days = 10 hours. Your straight-time hours are 8 × 5 = 40 — exactly at the threshold, so weekly overtime is $0. You receive the 10 daily overtime hours at 1.5×, nothing more.
If you work 7 consecutive days in a single workweek, the 7th day is treated separately. The first 8 hours on that day are paid at 1.5×, and any hours beyond 8 are paid at 2×. The 7th day hours do not count toward the 40-hour weekly threshold — they are always premium hours regardless of the weekly total.
Example: You work exactly 8 hours each day for 6 days (48 total), then 12 hours on day 7 (60 total). Straight-time hours from days 1–6: 48. Weekly OT: 48 − 40 = 8 hours at 1.5×. Day 7: 8 hours at 1.5× and 4 hours at 2×. Total overtime: 16 hours OT + 4 hours DT.
Our calculator above applies all these rules automatically. Enter your salary and hours per day to see your complete breakdown.
For more complex scenarios — like alternative workweek schedules or fluctuating workweeks — review our Alternative Workweek Guide.
Many employees don't realize that bonuses, commissions, and shift differentials affect their overtime pay. If you receive any of these, your regular rate increases — and your overtime pay must be recalculated retroactively.
California law requires that nondiscretionary bonuses be included in your regular rate of pay. These are bonuses tied to performance, productivity, or attendance. Commissions, shift differentials, and certain other incentive payments also count.
Discretionary bonuses — gifts, holiday bonuses, or payments not tied to performance — are generally excluded from the regular rate. Your employer cannot use a discretionary label to avoid including a performance bonus in your overtime calculation.
| Compensation Type | Included in Regular Rate? | Impact on Overtime |
|---|---|---|
| Base Salary | ✅ Yes | Foundation for all OT calculations |
| Nondiscretionary Bonus (performance, productivity) | ✅ Yes | Increases OT retroactively |
| Commissions | ✅ Yes | Increases OT retroactively |
| Shift Differential (night, weekend, etc.) | ✅ Yes | Increases base rate for OT calculation |
| Discretionary Bonus (gift, holiday) | ❌ No | No impact on OT |
| Reimbursements (mileage, travel, meals) | ❌ No | No impact on OT |
California's method for flat-sum nondiscretionary bonuses — established by the California Supreme Court in Alvarado v. Dart Container Corp. (2018) — is more protective than federal law. Instead of dividing the bonus by total hours worked, California requires dividing by non-overtime (straight-time) hours only. This produces a higher per-hour bonus value and therefore higher overtime premiums.
Example: You earn a $500 flat-sum bonus in a week where you worked 45 hours (40 straight-time + 5 overtime). Under California law: $500 ÷ 40 straight-time hours = $12.50 per-hour bonus value. The OT premium on the bonus = $12.50 × 0.5 × 5 OT hours = $31.25 additional. Under the federal method (dividing by 45 total hours), the additional amount would be lower. The California method ensures you receive the higher amount.
If you receive a shift differential (e.g., +$2/hour for night shifts), that differential must be included in your regular rate for overtime calculation purposes. Your overtime rate becomes (base rate + differential) × 1.5.
Example: Your base rate is $30/hour, and you receive a $3/hour night differential. Your regular rate is $33/hour. Overtime is $33 × 1.5 = $49.50/hour — not $45/hour based on your base rate alone.
For a deeper breakdown of how bonuses and commissions affect your pay, visit our Bonuses and Overtime guide.
California employees are better protected than workers in most other states. The difference comes down to one key factor: daily overtime. Federal law only requires overtime for hours worked over 40 in a week. California requires overtime for hours over 8 in a single day, plus weekly overtime, plus double time, plus the 7th consecutive day rule.
This means a California employee can earn overtime even if they work fewer than 40 hours in a week. A single 10-hour day triggers 2 hours of overtime, regardless of the rest of the week. Under federal law, that same employee would earn zero overtime if their weekly total stayed under 40.
| Rule | Federal (FLSA) | California (Labor Code §510) | Difference |
|---|---|---|---|
| Daily Overtime | ❌ Not required | ✅ 1.5× for hours 8–12 | California pays more |
| Double Time | ❌ Not required | ✅ 2× for hours over 12 | California pays more |
| Weekly Overtime | ✅ 1.5× for hours over 40 | ✅ 1.5× for hours over 40 | Same (but CA applies daily first) |
| 7th Consecutive Day | ❌ Not required | ✅ 1.5× first 8, 2× over 8 | California pays more |
| Salary Threshold (2026) | $684/week ($35,568/year) | $70,304/year | CA threshold is nearly twice as high |
| Minimum Wage (2026) | $7.25/hour | $16.90/hour | CA minimum is 133% higher |
The federal salary threshold row above reflects the current governing standard. The 2024 DOL rule that temporarily raised the federal threshold to $844/week was vacated by a federal court and the pre-2024 rate of $684/week was formally restored in May 2026.
The practical impact of California's rules is significant. A salaried non-exempt employee earning $70,000/year who works a 9-hour day triggers overtime for that day alone — even if their weekly total stays below 40 hours. Under federal law, no overtime would be owed in that same scenario.
For a 7th consecutive day scenario, the difference is even larger. Federal law offers no extra protection for 7-day weeks. California requires overtime and double time on that 7th day, regardless of weekly totals.
If your employer calculates your overtime using federal rules only, you are likely being underpaid. Use our calculator to see what you should actually receive under California law.
If your employer refuses to pay the overtime you're owed, California law provides strong protections. You are not powerless. The state has enforcement mechanisms designed to recover unpaid wages and penalize employers who violate the law.
Keep records of your hours worked, pay stubs, and any communications with your employer about overtime. California law requires employers to keep accurate records of hours worked, but you should maintain your own records as well. Save emails, texts, and written requests for overtime pay.
The California Division of Labor Standards Enforcement (DLSE) handles wage claims. You can file a claim for unpaid overtime, and the state will investigate. There is no cost to file a claim, and you do not need an attorney, though legal representation can help.
The DLSE has the authority to order your employer to pay back wages, plus interest and penalties. If your employer fails to pay within 30 days after the claim is decided, you may also be entitled to waiting time penalties — up to 30 days of additional pay at your daily rate.
⚠️ Waiting Time Penalties: If your employer willfully fails to pay overtime wages when due, you may be owed an additional "waiting time penalty" equal to one day's pay for each day the payment is late — up to 30 days. This penalty can be substantial and is designed to discourage employers from delaying payment.
If you were misclassified as exempt and denied overtime for multiple years, you may have a significant claim. Under California law, you can recover unpaid overtime, liquidated damages (equal to the unpaid wages), and attorney fees. The statute of limitations is generally 3 years for willful violations and 2 years for non-willful violations.
Class action lawsuits are common in misclassification cases. If your employer misclassified a group of employees, you may be able to join or start a class action to recover wages for everyone affected.
The Labor Commissioner's Office can investigate employers and issue citations for wage theft. They can also order employers to pay penalties and civil damages. This is a separate process from filing a wage claim and can lead to additional recovery.
California has some of the strongest worker protections in the country. Employers who intentionally misclassify employees or fail to pay overtime face significant financial penalties, including PAGA (Private Attorneys General Act) penalties that can reach thousands of dollars per violation.
If you believe you are owed overtime pay, use our calculator to estimate what you're owed, then contact the DLSE or consult an employment attorney. The law is on your side.
For official resources and claim filing instructions, visit the California DLSE website or review the California Labor Code §510 directly.
Most overtime calculators simply generate a number. They don't tell you if the number is correct, if your employer is following the law, or if you're at risk of being underpaid. This page is different. It's a complete compliance tool — a risk audit that helps you verify your pay, understand your rights, and take action if something is wrong.
Every other calculator on the internet treats salaried non-exempt employees as an afterthought. The Pearson calculator is generic. The Zoho calculator is hourly-only. The Timeero calculator explicitly says it's "not accurate for salaried non-exempt employees." Law firms explain the rules but provide no tools.
There is no other page that combines a working calculator with classification guidance, risk assessment, and actionable next steps — all in one place, built specifically for California's unique rules. This page fills that gap.
Enter your annual salary and hours — the calculator handles daily OT, weekly OT, double time, and the 7th consecutive day rule using the correct 173.33 divisor and California's no-pyramiding rule.
The 2026 salary threshold ($70,304) is built into the tool. If your salary is below it, you are automatically non-exempt — no guesswork.
The bonus toggle applies California's Alvarado method — dividing by straight-time hours only — which produces higher overtime premiums than the federal method and ensures you get what you're actually owed.
If your employer delays payment, you may be owed up to 30 days of additional wages. This tool highlights that risk so you know your rights.
See the difference between what federal law requires and what California requires — and why California law is more protective.
If you're being underpaid, this page shows you exactly how to file a wage claim with the DLSE or consult an employment attorney.
🔍 Ready to check your pay? Enter your salary and hours into the calculator above. See the breakdown in seconds — and know if you're being properly compensated.
Quick answers to the most common questions about salaried non-exempt overtime in California. All answers are based on California Labor Code §510 and 2026 regulations.
To calculate overtime for a salaried non-exempt employee in California: (1) Convert your annual salary to an hourly rate using the 173.33 monthly divisor: (Annual Salary ÷ 12) ÷ 173.33 = Hourly Rate. (2) For any day you work over 8 hours, pay 1.5× your hourly rate for hours 8–12, and 2× for hours over 12. (3) Count your straight-time hours (up to 8 per regular day). If those total more than 40 for the week, pay 1.5× for the excess. (4) For the 7th consecutive day worked, pay 1.5× for the first 8 hours and 2× for any hours beyond 8 — and exclude that day's hours from the weekly 40-hour count.
The 2026 California salary threshold for exempt employees is $70,304 per year. Any salaried employee earning less than this is automatically classified as non-exempt and entitled to overtime pay. If you earn $70,304 or more, your employer may still classify you as exempt only if you also meet the duties test (primarily executive, administrative, or professional duties).
Double time in California is calculated daily, not weekly. You earn double time (2× your regular rate) for any hours worked over 12 in a single workday. Additionally, double time applies on the 7th consecutive day worked for hours beyond 8. There is no weekly double time calculation in California.
When a salaried non-exempt employee receives a nondiscretionary flat-sum bonus, California law (established in Alvarado v. Dart Container Corp., 2018) requires this method: (1) Divide the bonus by the number of non-overtime straight-time hours worked during the period — not total hours. (2) Multiply the resulting per-hour bonus value by 0.5 for each overtime hour worked, and by 1.0 for each double-time hour worked. (3) Pay this additional amount on top of the overtime already calculated from your base salary. This California method is more protective than federal law because dividing by straight-time hours only produces a higher per-hour bonus value.
Yes, a salaried non-exempt employee can be required to work overtime, as long as they are properly compensated at the overtime rate. California law does not prohibit mandatory overtime, but it does require overtime pay for hours worked beyond 8 per day or 40 per week. If you refuse to work mandatory overtime, you could face disciplinary action, but you cannot be forced to work if doing so would create a safety risk.
The regular rate of pay for a salaried non-exempt employee is calculated by converting the salary to an hourly rate. California uses the 173.33 monthly divisor: (Annual Salary ÷ 12) ÷ 173.33 = Hourly Rate. This hourly rate is then used to calculate overtime (1.5×) and double time (2×). Your regular rate may also include nondiscretionary bonuses, commissions, and shift differentials. If you work at multiple pay rates in a single workweek, California requires you to use the weighted average overtime method to calculate overtime.
Yes, nondiscretionary bonuses (performance-based, commission, or productivity bonuses) must be included when calculating overtime. California uses the flat-sum method established in Alvarado v. Dart Container: divide the bonus by straight-time hours only (not total hours), then pay an overtime premium of 0.5× that per-hour value for each overtime hour and 1.0× for each double-time hour. Discretionary bonuses (gifts, holiday bonuses not tied to performance) are generally excluded.
If your employer misclassifies you as exempt when you are actually non-exempt, you are entitled to unpaid overtime wages, plus liquidated damages equal to the amount of unpaid wages (another 100% of the owed amount). You may also be entitled to waiting time penalties if the employer fails to pay within 30 days of the due date. You should file a wage claim with the California Division of Labor Standards Enforcement (DLSE) or consult an employment attorney.
California requires daily overtime for hours worked over 8 in a single day, and weekly overtime for straight-time hours worked over 40 in a workweek. The same hours are never double-counted. Your straight-time hours (up to 8 per day) accumulate toward the 40-hour weekly threshold; hours already paid as daily overtime do not. If you work 10 hours each day for 5 days (50 total), your straight-time hours are 8 × 5 = 40 — exactly at the threshold, so weekly overtime is $0. You receive only the 10 daily overtime hours at 1.5×.
Under California Labor Code §510, if an employee works 7 consecutive days in a single workweek, the 7th day is treated as an overtime day with its own rules. The first 8 hours on that 7th day are paid at 1.5× your regular rate. Any hours worked over 8 on that day are paid at 2× (double time). The 7th day hours do not count toward the 40-hour weekly threshold — they are always premium hours regardless of your weekly total. This rule applies regardless of how many hours you worked earlier in the week.
No. In California, private employers cannot offer compensatory time off (comp time) in place of overtime pay. Overtime must be paid at 1.5× the regular rate (or 2× for double time) — it cannot be exchanged for future time off. Only government employers may offer comp time under specific conditions.
In California, you can generally claim unpaid overtime for up to 3 years prior to filing a claim if the violation was willful, or 2 years for non-willful violations. The statute of limitations extends to 4 years if you file a civil action for breach of an employment contract. It is best to consult an attorney or the DLSE to determine your specific deadlines.
This calculator is built on the following methodology, verified against official California sources and updated for 2026.