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Understanding Overtime Pay Rules
Federal law under the Fair Labor Standards Act (FLSA) requires most hourly employees to be paid 1.5 times their regular rate for any hours worked beyond 40 in a single workweek. This is the baseline rule that applies in most states. But a handful of states layer on additional protections based on hours worked in a single day, not just the week — which can mean you're owed overtime even in a week where your total hours stay under 40.
California has the most generous daily overtime rules in the country: 1.5x pay after 8 hours in a single workday, and 2x pay (double time) after 12 hours in a day or after 8 hours on the 7th consecutive day worked in a workweek. Alaska, Nevada, and Colorado have their own daily overtime thresholds. This calculator applies the rule for the state you select so you can see exactly what you're owed.
The Overtime Pay Formula
Under federal rules, overtime pay is calculated as:
Total Pay = (Hourly Rate × Regular Hours) + Overtime Pay + Double Time Pay
California daily rule: 1.5x after 8 hrs/day, 2x after 12 hrs/day or 8 hrs on the 7th consecutive day
Worked Example
At $22/hour under federal rules, working 8, 9, 8, 10, and 9 hours across 5 days totals 44 hours for the week — 4 hours of overtime at 1.5x ($33/hr), adding $132 in overtime pay on top of $880 in regular pay, for a total of $1,012. Under California's daily rule, the same schedule generates overtime on day 2 (1 hour over 8) and day 4 (2 hours over 8) and day 5 (1 hour over 8) — 4 daily overtime hours at $33/hr, which happens to match the federal weekly calculation in this case, though California's rule can produce a higher total when hours are spread unevenly across fewer, longer days.
Common Overtime Mistakes Employers Make
- Averaging hours across two weeks — overtime must be calculated weekly, not as a biweekly average, even if you're paid every two weeks.
- Forgetting bonuses in the rate — non-discretionary bonuses must be factored into your "regular rate" for overtime calculations, which can increase your effective overtime rate.
- Misclassifying employees as exempt — job titles like "manager" don't automatically make someone exempt; actual duties and salary level both matter under FLSA rules.
- Ignoring state daily overtime rules — employers operating in California, Alaska, Nevada, or Colorado must apply state rules even if they conflict with simpler federal-only calculations.