California's wage and hour laws are among the most protective in the country. They go well beyond the federal minimum — adding daily overtime, double time, mandatory meal and rest breaks, premium pay for missed breaks, and fast deadlines for final wages. This guide explains the core rules for non-exempt employees: when overtime kicks in, how meal and rest breaks work, what the current minimum wage is, the difference between exempt and non-exempt workers, the problem of off-the-clock work, and how to file a wage claim with the Labor Commissioner.

This guide is general legal information, not legal advice. The right answer depends on your specific facts, including which wage order covers your job. Before acting, consult an attorney licensed by the State Bar of California.

Daily and weekly overtime

Under federal law, overtime generally starts only after 40 hours in a week. California adds a daily overtime rule, which means you can earn overtime even in a week where you work fewer than 40 hours total.

For most non-exempt employees, time-and-a-half (1.5x your regular rate) is owed for:

  • Hours worked beyond 8 in a single workday;
  • Hours worked beyond 40 in a workweek; and
  • The first 8 hours worked on the 7th consecutive day of work in a single workweek.

Your "regular rate" is not always just your base hourly wage — it can include certain bonuses and commissions, which raises the overtime rate. Employers sometimes calculate overtime on the base rate alone and underpay as a result.

Double time and the 7th-consecutive-day rule

California is one of the few systems that requires double time (2x your regular rate). For most non-exempt employees, double time is owed for:

  • Hours worked beyond 12 in a single workday; and
  • Hours worked beyond 8 on the 7th consecutive day of work in a workweek.

The 7th-consecutive-day rule deserves special attention. If you work all seven days in one workweek, the seventh day triggers premium pay no matter how few hours you worked the rest of the week: time-and-a-half for the first 8 hours that day, and double time after 8. Employers that schedule seven-day stretches often miss this.

Meal periods (Labor Code § 512)

Labor Code § 512 requires employers to provide off-duty meal periods:

  • A 30-minute meal period when you work more than 5 hours. It generally must begin before the end of your fifth hour of work.
  • A second 30-minute meal period when you work more than 10 hours.

A compliant meal period must be uninterrupted, off-duty, and free of employer control — you must be relieved of all duties and free to leave. A meal period taken at your desk while still answering calls is generally not compliant. The first meal period can be waived by mutual agreement only when the total workday is no more than six hours; the second can be waived in limited circumstances.

Rest breaks and premium pay (Labor Code § 226.7)

Separate from meal periods, the wage orders require paid, off-duty rest breaks of at least 10 minutes for roughly every four hours worked (or major fraction thereof). Rest breaks are counted as hours worked and must be paid.

If your employer fails to provide a compliant meal or rest break, Labor Code § 226.7 entitles you to one additional hour of pay at your regular rate for each workday a meal break was not provided, and a separate hour for each workday a rest break was not provided. These premiums are wages, and they can accumulate quickly across a long period of employment.

The 2026 minimum wage

As of January 1, 2026, the statewide California minimum wage is $16.90 per hour for all employers, regardless of how many people they employ.

That figure is a floor. Two situations require a higher wage:

  • Local ordinances. Many California cities and counties set a higher local minimum wage. Where the local rate is higher, your employer must pay it.
  • Industry minimums. Fast food workers at qualifying national chain restaurants are entitled to at least $20.00 per hour under AB 1228. Covered health care workers have higher, facility-dependent rates under SB 525 that for 2026 generally exceed the statewide minimum.

Exempt vs. non-exempt and the salary threshold

Overtime, meal and rest break rules, and many other protections apply to non-exempt employees. Exempt employees — certain executive, administrative, and professional workers — are not entitled to overtime. But being labeled "salaried" or "exempt" does not make it so. To be exempt under the common white-collar exemptions, an employee must meet both a duties test and a salary test.

The salary test is tied to the minimum wage. In 2026, the white-collar exemption requires a minimum salary of at least twice the state minimum wage for full-time work — $70,304 per year. Special, higher thresholds apply to certain occupations: for example, the computer software professional exemption requires at least $58.85 per hour (about $122,573.13 per year) in 2026, and the licensed physician exemption requires at least $107.17 per hour.

If you are paid a salary below the threshold, or your real duties are not genuinely exempt, you may be misclassified and owed overtime and break premiums. Misclassification overlaps with independent-contractor issues covered in our worker classification and PAGA guide.

Off-the-clock work

You must be paid for all time you are suffered or permitted to work, even if it was not formally scheduled or recorded. Common off-the-clock problems include:

  • Working through an unpaid meal period;
  • Answering calls, texts, or emails before or after a shift;
  • Required pre-shift setup or post-shift cleanup;
  • Time spent under the employer's control, such as certain security checks.

If your employer knew or should have known you were working, that time is compensable — and if it pushes you over the daily or weekly thresholds, it must be paid at the overtime rate.

Wage statements and expense reimbursement

Two related rights often surface alongside overtime claims. First, under Labor Code § 226, every pay period you must receive an accurate, itemized wage statement showing your gross and net wages, total hours worked, all applicable hourly rates, deductions, the pay period dates, and your employer's legal name and address. Inaccurate or incomplete wage statements can carry their own penalties, separate from any unpaid wages, and they are frequently part of larger wage and hour cases because errors in recording hours and rates show up directly on the stub.

Second, under Labor Code § 2802, your employer must reimburse you for all necessary expenses you incur in doing your job. Common examples include mileage for required driving, the cost of tools or equipment you are required to buy, and a reasonable percentage of a personal cell phone or home internet bill when you must use it for work. An employer cannot quietly shift its operating costs onto employees, and unreimbursed expenses can be recovered along with interest.

Reporting time and split-shift pay

California's wage orders include two pay protections that workers often overlook. Reporting-time pay generally applies when you report to work as scheduled but are sent home early or given little or no work; in that situation you may be owed pay for a portion of your scheduled shift even though you did not work it. Split-shift pay can apply when your workday is broken into two or more parts separated by a non-meal break; in some cases the employer must pay an additional amount tied to the minimum wage. These rules are technical and depend on the wage order covering your industry, but they can add up for workers with irregular schedules.

California statutes and rules that govern your pay

The core authorities for California wage and hour rights include:

  • Labor Code § 510 — daily and weekly overtime and the 7th-day rule.
  • Labor Code § 512 — meal periods.
  • Labor Code § 226.7 — premium pay for missed meal and rest breaks.
  • Labor Code § 226 — itemized wage statements (pay stubs).
  • Labor Code § 1197 — minimum wage as a floor.
  • Labor Code § 2802 — reimbursement of necessary business expenses.
  • The Industrial Welfare Commission (IWC) wage orders — industry-specific rules that fill in the details, including rest breaks.

How the regular rate is calculated

Overtime is paid as a multiple of your regular rate of pay, and that rate is not always just your base hourly wage. For non-exempt employees, the regular rate generally includes most non-discretionary compensation — such as production bonuses, shift differentials, and certain commissions — spread across the hours worked. When an employer calculates overtime using only the base wage and ignores a non-discretionary bonus, the overtime is underpaid. Flat-sum bonuses have their own calculation method under California law that can produce a higher overtime rate than the federal method. These distinctions sound technical, but they matter: over a year of regular bonuses, using the wrong regular rate can shortchange a worker by a meaningful amount, and the shortfall is recoverable.

Alternative workweek schedules

California allows some workplaces to adopt an alternative workweek schedule — for example, four 10-hour days — without triggering daily overtime for the longer scheduled days, but only if the schedule was properly adopted through a secret-ballot election of affected employees and reported to the state, following strict procedures in the wage orders. If your employer simply imposed longer days without that formal process, the daily overtime rules still apply and you may be owed overtime for hours beyond eight. Because these schedules are easy to get wrong, they are a common source of unpaid-overtime claims.

How to file a wage claim with the Labor Commissioner

Unpaid wages, overtime, and break premiums can be pursued through the California Labor Commissioner's Office, also known as the Division of Labor Standards Enforcement (DLSE). Here is the general process:

  1. Gather your records. Collect pay stubs, time records, schedules, your offer letter, and any texts or emails about your hours and pay.
  2. Calculate what you are owed. Add up unpaid regular wages, overtime, double time, and any meal or rest break premiums.
  3. File a wage claim (Form DLSE 1) with the Labor Commissioner's Office, either online or at a local office. There is no fee.
  4. Attend the settlement conference. The office often schedules a conference to try to resolve the claim informally.
  5. Proceed to a hearing (sometimes called a Berman hearing) if the claim is not settled, where a hearing officer takes evidence and issues a decision.
  6. Collect or appeal. If you win, the office helps you collect; either side can appeal to court within the statutory window.

Wage claims have deadlines — commonly three years for many wage violations, with a longer window for some claims — so act promptly. Some workers instead pursue claims in court, sometimes alongside a PAGA action, which is explained in our classification and PAGA guide.

Frequently asked questions

When does daily overtime start in California?

For most non-exempt employees, after 8 hours in a single workday. You earn double time after 12 hours in a day. These daily rules apply on top of the 40-hour weekly overtime rule.

What do I get if I miss a meal or rest break?

Under Labor Code § 226.7, you are owed one extra hour of pay at your regular rate for each workday a compliant meal break was not provided, plus a separate hour for each workday a rest break was not provided.

Does my "salary" mean I cannot get overtime?

Not necessarily. To be exempt from overtime, you generally must both meet a duties test and earn at least the 2026 white-collar salary threshold of $70,304 per year. If either is missing, you may be owed overtime.

I worked through lunch — do I have to be paid?

Yes. Time you spend working through a meal period is compensable, and your employer may also owe a meal-break premium for failing to provide a compliant off-duty break.

How long do I have to bring a wage claim?

It depends on the type of claim, but many wage violations carry a three-year limit, and some claims reach back further. Because deadlines vary, it is best to file or seek advice promptly.

Talk to a California wage and hour attorney

If you suspect you have been underpaid, denied breaks, or misclassified, an attorney can help you calculate what you are owed and choose between a Labor Commissioner claim and a court action. Our directory lists attorneys licensed by the State Bar of California across all 58 counties — free to browse, with no obligation.

For the bigger picture, see the California employment law overview, and if you were paid as a contractor, read our guide on worker classification and PAGA.