Federal overtime law (FLSA) - 2026
Under the Fair Labor Standards Act, non-exempt employees must receive overtime pay of at least 1.5× their regular rate for all hours worked over 40 in a workweek. As of July 2024, salaried workers earning under $43,888/year are also eligible for overtime.
California overtime law - key rules
Official overtime requirements under Cal. Lab. Code § 510
California overtime law overview
California has the strictest overtime laws in the US. Workers earn 1.5x after 8 hours/day OR 40 hours/week. Double time (2x) applies after 12 hours in a day or after 8 hours on the 7th consecutive workday.
California Labor Code Section 510 provides significantly stronger overtime protections than federal law. California workers can earn daily overtime based on hours worked in a single day, independent of their weekly total. The double time provision for 12+ hour days is unique to California.
Governing law
California overtime requirements are governed by California Labor Code Section 510 (Cal. Lab. Code § 510). This law establishes when overtime pay is required and at what rate.
The official authority for overtime enforcement in California is the California Division of Labor Standards Enforcement. To report an overtime violation or get official guidance, contact the California Division of Labor Standards Enforcement directly.
What if my employer is not paying overtime?
If your employer owes you unpaid overtime, you have the right to file a wage claim with the California Division of Labor Standards Enforcement or with the federal U.S. Department of Labor Wage and Hour Division. You may recover unpaid overtime wages plus an equal amount in liquidated damages, plus attorney fees. Most states allow recovery of back wages going back 2-3 years. Under the federal FLSA you can recover up to 2 years of back pay (3 years for willful violations).
Data source: Cal. Lab. Code § 510 and federal FLSA 29 U.S.C. 207. Last verified: 2026. This calculator provides estimates for informational purposes only. Consult a wage and hour attorney for advice specific to your situation.
Overtime pay calculator - federal (FLSA) 2026
Calculate your time-and-a-half and double time pay based on your state's overtime rules
This calculator estimates gross overtime pay before taxes and deductions. Actual take-home pay will be lower. Some workers are exempt from overtime under FLSA - including certain managers, professionals, and commissioned employees. Consult an employment attorney if you believe your employer is not paying required overtime.
Frequently asked questions - overtime pay
How overtime pay is calculated
Under the federal Fair Labor Standards Act (FLSA), non-exempt employees must receive at least 1.5 times their regular hourly rate for every hour worked over 40 in a single workweek. This is commonly called "time and a half."
The formula is: Overtime Pay = (Hourly Rate × 1.5) × Overtime Hours. Your total weekly pay = Regular Pay + Overtime Pay.
Some states - including California, Alaska, Colorado, and Nevada - have additional daily overtime rules that require overtime pay after 8 hours in a single workday, regardless of your total weekly hours. California also requires double time (2×) after 12 hours in a day.