California vs. Federal Overtime — Key Differences
| Rule | Federal (FLSA) | California |
|---|
| Daily OT trigger | None | After 8 hours/day (1.5×) |
| Double time (2×) | Not required | After 12 hours/day or 8 hrs on 7th consecutive day |
| Weekly OT trigger | After 40 hours | After 40 hours |
| 7th day rule | None | All hours at 1.5×; after 8 hrs at 2× |
2025 Exempt Salary Thresholds in California
To be exempt from California overtime, employees must earn at least 2× the state minimum wage × 2,080 hours per year. With a $16/hour minimum wage, that's:
$16 × 2 × 2,080 = $66,560/year ($1,280/week)
Industries with Special Rules
- Agricultural workers: OT after 8 hours/day (phased in for smaller farms).
- Healthcare workers: Alternative 80-hour bi-weekly schedules are allowed under specific agreements.
- Domestic workers: Personal attendants have different thresholds.
Calculate Your California Overtime
Use our California Overtime Calculator to calculate daily, weekly, and double-time pay based on your actual schedule.
Frequently asked questions
Can my employer require me to work overtime?
Yes. Employers can require overtime work. However, they must pay the required overtime premium (1.5x or higher per state law) for hours over the threshold. Refusing to work overtime may result in termination, but employers cannot refuse to pay overtime premiums that are legally owed.
What should I do if I think I'm owed unpaid overtime?
Document everything: save pay stubs, time records, emails, and any communications about hours worked. Calculate what you believe is owed. Contact your employer in writing first. If they don't respond satisfactorily, file a complaint with your state Department of Labor or the U.S. Department of Labor Wage and Hour Division. Consider consulting an employment attorney for large amounts.
Is my salaried position automatically exempt from overtime?
No. Many salaried positions still qualify for overtime pay. Exemption requires: (1) earning above the minimum threshold (~$35,500 federally, varies by state), and (2) spending more than 50% of time in exempt duties (executive, professional, administrative). If unsure, file a wage claim or consult an employment attorney.
Can I get overtime pay if I work multiple jobs?
Federal overtime laws (FLSA) typically count only hours for a single employer. However, some states have more generous rules. Hours worked for different employers at the same time usually don't combine for overtime purposes unless you're an independent contractor. Check your state's Department of Labor for specific rules.
What's the statute of limitations for claiming unpaid overtime?
Federally, you have 2-3 years to file a lawsuit for unpaid wages (3 years for willful violations). State laws vary: California allows 3-4 years, New York allows 6 years. For administrative complaints, the timeframe is often shorter (1-2 years). Act quickly if you believe you're owed wages.
Do I have to be paid for meal breaks?
If you work during a meal break or cannot take a true break away from your workstation, that time must be paid. If you take an actual, uninterrupted break (usually 20+ minutes), it can be unpaid. Rules vary by state—check your state's Department of Labor for specifics.