California’s overtime rules are more protective than federal law — and getting the calculation right determines how much you’re owed. This guide walks through the math for the most common overtime scenarios.
The Calculation
For daily overtime: identify every day you worked more than 8 hours. Multiply the excess hours by 1.5x your regular rate (hours 8-12) and 2x your regular rate (hours beyond 12). For weekly overtime: any hours beyond 40 in a workweek that don’t already qualify for daily overtime are paid at 1.5x. Add the missed daily overtime + missed weekly overtime across the full three-year lookback period.
Your regular rate is not always your hourly wage. If you receive non-discretionary bonuses, piece-rate pay, or other compensation, those must be factored into your regular rate before calculating overtime. An employer who calculates overtime on base wages alone while excluding bonuses is underpaying your overtime. The California Wage Theft Recovery System includes a calculator that handles this correctly.
The California Wage Theft Recovery System gives workers the exact tools and templates to document violations, calculate what they’re owed, and file the right claims — without paying an attorney to get started. Request your free evaluation here.
Leave a comment