US overtime rules
Switch between Federal FLSA (weekly) and California (daily) concepts below. Use the calculator page for a quick estimate.
Legal basis
- Federal: Fair Labor Standards Act (FLSA), 29 U.S.C. § 207 — overtime at not less than one and one-half times the regular rate for hours over 40 in a workweek (non-exempt). DOL overview: Wage and Hour Division · Overtime.
- California: California Labor Code § 510 — daily OT, double time, and 7th-day rules. DIR FAQ: Overtime.
Federal FLSA
A workweek is a fixed 7-day period. Hours over 40 in that week are typically paid at 1.5× the regular rate (§ 207). A long day does not create OT by itself if the week stays at or under 40.
California (Labor Code § 510)
- 8–12 hours in a day: 1.5×
- Over 12 hours in a day: 2.0×
- 7th consecutive day in the workweek: first 8 hours 1.5×, over 8 hours 2.0×
- Remaining straight-time hours over 40 in the week: 1.5× (no double counting / no pyramiding)
In EasySalary
The app lets you choose Federal or California. Defaults match the rates above. Other states may have their own daily OT — use contract settings or confirm locally.
Not legal advice. Confirm with DOL, California DIR, and your employment agreement.
FAQ
Does federal overtime look at hours in a single day?
No. FLSA overtime is based on the workweek. More than 40 hours in that 7-day period is generally 1.5× for non-exempt employees, regardless of how long any one day was.
Can the same hour be paid as both daily and weekly overtime in California?
No. EasySalary follows the usual no-pyramiding approach: an hour already paid as daily OT or 7th-day OT is not also counted as weekly OT.
What is the 7th-day rule?
In California, if you work all 7 days in the same workweek, the first 8 hours on the 7th consecutive day are typically 1.5× and hours over 8 that day are 2.0×.