Double Overtime California (2026): Complete Guide to Daily & 7th Day Double Time Laws

California remains one of the most employee-protective states in the country when it comes to overtime pay.

Under California law in 2026, employees are entitled to double overtime pay (double time) when certain daily or consecutive-day thresholds are exceeded.

Unlike federal law, California focuses on daily overtime, not just weekly totals.

When Does Double Overtime Apply in California (2026)?

You are entitled to double time pay (2x your regular rate) if:

• You work more than 12 hours in a single workday
• You work more than 8 hours on the 7th consecutive day in the same workweek

California’s overtime law is stricter than the Fair Labor Standards Act, which does not require double time at all.

That’s a major difference.

How Overtime and Double Time Work Together

Here’s how the structure works in 2026:

This is daily-based protection. Employers cannot average hours across days to avoid double time.

Real Example: 14-Hour Shift in 2026

Let’s say an employee earns $30 per hour.

• First 8 hours → $30/hour
• Hours 9–12 → $45/hour
• Hours 13–14 → $60/hour

If an employer only pays time-and-a-half for all overtime hours, that’s a violation of California law.

Minimum Wage & Double Overtime in 2026

As of 2026, California’s statewide minimum wage is $16 per hour (applies to most employers regardless of size).

That means:

• Overtime (1.5x) → $24/hour
• Double time (2x) → $32/hour

Important: Many cities (Los Angeles, San Francisco, etc.) have higher local minimum wages, which means overtime and double time rates increase accordingly.

Employers must always use the higher applicable wage rate.

Agricultural Workers – 2026 Update

California completed its overtime phase-in for agricultural workers.

As of 2026:

• Agricultural employees generally qualify for overtime after 8 hours in a day and 40 hours in a week
• Double time rules apply after 12 hours in a day
• 7th consecutive day protections also apply

This marks a major expansion of worker protections compared to past years.

Who Is Exempt From Double Overtime?

Not everyone qualifies. Exempt employees generally include:

• Executive employees
• Administrative employees
• Professional employees
• Outside salespersons
• Certain unionized workers
• Independent contractors (if properly classified)

However — and this is where disputes explode — misclassification remains one of the most common violations in California wage law.

Being paid a salary does not automatically make someone exempt from overtime or double time.

Common Employer Violations in 2026

Even now, violations are widespread.

• 1. Paying Only 1.5x After 12 Hours

Illegal. Double time is required.

• 2. Shifting Hours Between Days

Employers cannot reassign hours to avoid the 12-hour trigger.

• 3. Misclassifying Employees as Exempt

Job title alone does not determine exemption.

• 4. Failing to Count Travel or Required On-Call Time

Certain work-related travel counts toward daily hour totals.

Can Employees Waive Double Overtime?

No.

Under California law, employees cannot legally waive their right to overtime or double time — even if they sign an agreement.

Any contract attempting to reduce statutory overtime rights is unenforceable.

What If Your Employer Didn’t Pay Double Overtime?

If double overtime was not paid properly, employees may recover:

• Back wages
• Interest
• Waiting time penalties
• Wage statement penalties
• Attorneys’ fees

Employers can face significant financial liability for wage violations.

Why California Is Different From Federal Law

Federal law under the Fair Labor Standards Act requires overtime only after 40 hours in a week — and never mandates double time.

California protects employees:

• After 8 hours in a day
• After 12 hours in a day (double time)
• On the 7th consecutive workday

That’s layered protection. Not surface-level.

Frequently Asked Questions (2026)

• Does California require double time after 10 hours?

No. Double time begins after 12 hours in a single workday.

• Does double time apply automatically on holidays?

No. Only if the hours worked exceed daily or 7th day thresholds.

• Can an employer require overtime?

Yes — but they must pay the correct rate.

• How far back can I claim unpaid overtime?

Generally up to 3–4 years depending on the type of claim filed.

Speak With an Employment Attorney

If you worked:

• More than 12 hours in a day
• Seven consecutive days
• Without proper double time pay

You may have a valid wage claim.

The Azadian Law Group, PC represents employees across California in wage and hour disputes, including unpaid overtime and double overtime claims.