California Overtime Calculator

Posted on March 17, 2016 | 15 comments

The following calculator was designed to help California non-exempt employees to calculate their overtime compensation. All calculations are based on overtime laws set forth in California Labor Code section 510. The calculator covers only a two-week period; therefore, your first entry should start with the first day of the designated workweek. If you would like to learn more about California overtime law, consider reading this post.

Time Calculater
Biweekly Employee Time Sheet
Hourly Rate :   $ ($)
Work Week Starting :     (MM/DD/YYYY)
Date Time In Time Out   Time In Time Out Total Hrs Reg Hrs 1.5 OT 2 OT
 
Total
Straight Time Compensation :   $
Time and a Half Compensation :   $
Double Time Compensation :   $
Total Compensation :   $

Legal Assistance and Overtime Case Evaluation

If you believe that your employer does not comply with California overtime law, you need to consult an experienced employment law attorney. For a free consultation with a San Francisco employment law attorney, click here.
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15 Comments

  1. Is going to the bathroom considered a break?

  2. There are two types of breaks: a 30-minute meal break and 10-minute rest period. Both breaks must be uninterrupted, meaning your employer must relieve you of all duties. So the answer to your question depends on how much time you are allowed to take your restroom break. If this is just a 3-5 minute thing, then it does not meet the requirements of Labor Code.

  3. How would semi-monthly overtime work? Is overtime based on any time worked after 8 hours. And any hours worked on the 6th workday?

  4. If i worked graveyard and got an unpaid lunch break but was required to stay on the property in case of a fire or break in and answer the work phone is that considered a break.

    • Based on the facts provided, it looks like your employer’s break policy is in violation of California Labor Code. Under the California meal break law, each employer must provide its employees with at least a 30-minute uninterrupted meal break. The fact that you were required to respond to possible phone calls suggests that your break was “interrupted” and you were “on duty.” On-duty breaks are considered as hours worked and you should be paid for them. Second, during your lunch breaks you must be relieved of all duties, which means you are allowed to leave your employer’s premises. If your employer requires you to stay at the job site to monitor the phone while taking your lunch break, such break is considered “on-duty” and is permissible only under certain rare circumstances and requires your written consent (i.e. waiver). If you did not sign any waiver, your employer probably owes you one additional our of pay at your regular rate for every time you had to take “on-duty” break. Let me know if you have any further questions.

      P.S. You did not mention how many hours is your shift. This answer assumes that you work more than five hours per workday.

  5. I’m confused on which set of criteria qualify people for time-and-a-half. I was under the impression that an employee receives time-and-a-half for every minute that meets AT LEAST ONE of the following criteria:

    – Any minute in a day beyond 8 hours of work (and, obviously, less than 12 hours when they receive double pay); OR,
    – Any minute in a work week beyond 40 hours of work; OR,
    – Any minute on a seventh straight day of work, regardless of amount of time worked during that work week.

    So if an employee has worked four days and a total of 35 hours, then the employee works a fifth 10-hour shift, they should receive 5 hours of regular pay for that day (the remaining time in the 40-hour work week) and 6 hours of time-and-a-half. Is this correct?

    If this is the case, any time over 8 hours worked early in the work-week would not only qualify for time-and-a-half, they would run down the time remaining before the 40-hour work week threshold is breached. I don’t believe the above calculator accounts for this. Please clarify.

    • This is where a lot of people get confused. Using the DLSE’s language from its memo, the short answer is that “there is no “pyramiding” of separate forms of overtime pay for the same hours worked.”

      Once an hour is counted as an overtime hour under some form of overtime, it cannot be counted as an hour worked for the purpose of another form of overtime. When an employee works ten hours in one day, the two daily overtime hours cannot also be counted as hours worked for the purpose of weekly overtime.

      Example: An employee works 12 hours on Monday, Tuesday, Wednesday, and Thursday. How many non-overtime and overtime hours did the employee work that week? Answer– The employee is credited with 4 hours of daily overtime each day worked, for a total of 16 daily overtime hours, and these daily overtime hours cannot be counted for the purpose of determining when to start paying time and a half for hours worked in excess of 40 in a week. Because pyramiding is not allowed, there are no weekly overtime hours, even though the employee worked 48 total hours during the workweek. Only 32 of these hours were regular, non-daily overtime hours, and they are the only hours that count towards weekly overtime computations.

      If you would like to learn more about overtime and how to calculate it, consider reading the DLSE’s memorandum “An In Depth Look at the Provisions of the “Eight Hour Day Restoration and Workplace Flexibility Act of 1999”

      http://www.dir.ca.gov/dlse/ab60update.htm

    • Anything over 8 hrs in a day so if u only work 1day this week for 10th hrs u will have 2 hrs ot . The law was design to protect workers from a comp time scheme were an employers would work u for 3 days @ 11 hrs each day then the 4 day @ 6 hr for a total 39 hrs then give u the rest of the week off . So pretty much treat us like pee-ons works us like dogs and not pay o.t . So when u hear anything over 8 in a day of 40 in a week in kinda protect every worker from the newguy working 2 days a wk to the full-time work 40+ hrs a week . To make a long story longer always keep track of hrs and know yur rights because there’s only a few that work in our favor

  6. what if I work on a holiday? your calculator doesn’t have anyway to enter 8 hours holiday pay plus 8 hours worked.

    With the 8 holiday hours plus 8 worked hours affect overtime for the day? Or for the week?

  7. I must be confused on the overtime rules, because something isn’t clicking for me. Any hours worked over 8 hours up to 12 hours is time and a half. Additionally any hours worked over 40 hours in a work week is time and a half as well. Yet for some reason the calculator doesn’t seem to acknowledge the plus 40 rule. I worked 108 hours in 2 weeks forthe same pay period 52 hours 1st week 56 the 2nd week, working a total of 10 days. The 11st week I worked 8 8 8 12 12 the 2nd week I worked 12 8 12 12 12.

    • There is no “pyramiding” of separate forms of overtime pay for the same hours worked. This means you cannot double count your daily and weekly overtime. Once an hour is counted as an overtime hour under some form of overtime, it cannot be counted as an hour worked for the purpose of another form of overtime. When you worked 12 hours in one day, the 4 daily overtime hours cannot also be counted as hours worked for the purpose of weekly overtime.

  8. Starting in January, I will need to begin paying overtime to my caregivers for a family member with a disability. I believe that the overtime will begin after 9 hours per shift and 45 hours per week under new wage order 15 regulations.

    One staff has always worked Friday 7:00 PM -6:00 AM Saturday and then works again that same Saturday from 9:00 AM-7:00 PM I have been told that midnight “resets” the overtime clock so we would not be responsible for overtime during the 11 hour overnight shift. I have also been told that a 3 hour gap between his Saturday shifts also resets the overtime requirement. The day shift on Saturday is 10 hours so we definitely owe an hour of overtime for that.

    A bigger concern is when our family member takes trips with his staff. He occasionally takes trips up to 8 days with a single staff. During these trips, his staff follow the same protocol of working 9:00 AM-6:00 AM the following day. Can you give me a break down of overtime for the extended trips?

  9. I’m trying to get some clarification on the seventh day rule. If the pay periods starts on a Sunday, in order for the seventh day rule to apply then you must work Sunday through Saturday and Saturday would be counted as the seventh day? and it restarts at the beginning of each week? It isn’t just any seven consecutive days? For instance week 1 I started work on a thursday and continued to work fri, sat, sun, mon, tues, wed, had thursday off and then worked friday and sat, the seven day rule would not apply? My supervisor is trying to limit my hours as to not have to pay me overtime and they are under the impression that it is consecutive days, they were trying to say that wednesday would be the 7th day, however I was under the impression it started over each sunday which is the beginning of the work week. I work on a dock unloading crab boats so I have no set schedule it is dependent on when the fishermen go out. Any help is greatly appreciated.

    • The applicable premium overtime pay for hours worked during a seven consecutive workweek applies based on a “workweek” and not just any seven consecutive days. The term “workweek” is a legal term and the workweek should be designated by the employer. Here is what the DLSE’s manual has to say on this issue:

      Normally the workweek is the seven-day period used for payroll purposes. If it is not otherwise established in the re cord, for enforcement purposes DLSE will use the calendar week, from 12:01 a.m. Sunday to midnight Saturday, with each workday ending at midnight. Daily and weekly overtime is due based on the hours worked in the workday and workweek; the averaging of hours over two or more work weeks is not allowed.

      Example: If an employee’s workweek begins on Monday morning, but she is not called in to work until Wed Wednesday to work seven c consecutive 8 -hour days, until Tuesday, she is not due any overtime. His or her workweek ends Sunday night and she has only worked 40 hours with no daily overtime Wednesday through Sunday. Monday begins a new workweek, and she could work 8-hour days through Friday without any overtime due, thus having worked 10 consecutive days without overtime.

      I hope this answer your questions and concerns.

  10. hi, since 2001 I work 12 hours a day some times 6 days a week, and my company apply the pyramid method what it means the over time accounted only after 40 hours a week and never paid me double time even I work 80 hours a week, last time they gave us an employee handbook, this what you find inside about the overtime, if you work 12 hours shifts, you will be paid overtime for any hours worked over 40 hours per week. overtime will only apply after 40 hours of time worked in a week. IS IT LEGAL. if not not please tell me what I have to do to get the difference. thanks

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