California is one of the few states in the country with daily overtime — meaning you earn 1.5x your regular pay rate after 8 hours in a single workday, not just after 40 hours in a week. If your employer has only been paying you weekly overtime, they may owe you years of back pay.
The Four California Overtime Thresholds
Under Labor Code Section 510, California employees are entitled to:
- 1.5x pay for hours 8–12 in any single workday
- 2x pay for any hours over 12 in a single workday
- 1.5x pay for hours over 40 in a workweek (if not already at premium rate)
- 1.5x pay for the first 8 hours on the 7th consecutive day of a workweek
- 2x pay for hours over 8 on the 7th consecutive day
How Much Could You Be Owed?
Consider a worker making $20/hour who regularly works 10-hour days, 5 days a week. Under federal law, they’d receive overtime only for the 10 hours over 40 per week. Under California law, they’re owed overtime for 20 hours per week (2 hours per day x 5 days) at 1.5x.
That’s an extra $200/week in wages owed — over 3 years, more than $30,000 in unpaid wages before penalties.
What to Do Now
If your employer has been paying only weekly overtime or no overtime at all, you may have a significant wage claim. The California Division of Labor Standards Enforcement (DLSE) handles these claims for free. Small Claims Court handles claims up to $12,500 without an attorney. And PAGA — the Private Attorneys General Act — forces employment attorneys to take larger cases on contingency.
The California Wage Theft Recovery System walks you through every step — from calculating what you’re owed to filing your claim.
Get the Kit — $47 →Educational use only. Not legal advice. Justice Foundation.
California Wage Theft Recovery System 
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