Overtime calculator

Federal overtime (FLSA)

Under federal law, most hourly workers must get at least 1.5 times their regular rate for every hour over 40 in a workweek.

This rule comes from the Fair Labor Standards Act (FLSA). It covers "nonexempt" employees, which includes most hourly workers. The U.S. Department of Labor explains it on its overtime page and in Fact Sheet #23.

• A workweek is a fixed, repeating 168-hour period: seven 24-hour periods in a row. It can start on any day and at any hour, so it doesn't have to match the calendar week.
• Each workweek stands alone. Hours can't be averaged over two or more weeks.
• There is no federal daily overtime. A 10-hour day doesn't trigger federal overtime unless your week goes past 40 hours. Weekend and holiday work doesn't earn federal overtime by itself either.
• Your regular rate can be higher than your base wage. It includes all pay for work except certain payments the law leaves out, such as expense reimbursements and discretionary bonuses.

California overtime

California requires overtime for hours over 8 in a workday, not only for hours over 40 in a workweek, and double time after 12 hours.

The rules apply to most nonexempt employees. The California Labor Commissioner explains them in its overtime FAQ. The law behind them is California Labor Code section 510.

How ClearTimeCard handles overlap: Labor Code 510 says an employer doesn't have to combine more than one overtime rate for the same hour. So ClearTimeCard pays each hour at one rate only. It counts the weekly 40 using your regular (non-overtime) hours, so an hour already paid as daily overtime isn't counted again.

The 7th-day rule applies only when you work all seven days of the same workweek. Seven days in a row that cross two workweeks don't count (DLSE Enforcement Manual 48.1.3.2).

Only hours you actually work count toward overtime. Paid holiday or sick time you didn't work isn't counted (DIR overtime FAQ).

Exceptions and other states

Some jobs and schedules follow different overtime rules, and ClearTimeCard doesn't model them.

• Exempt employees (for example, some managers and professionals who meet salary and duties tests) aren't owed overtime. See the salaried-worker question below.
• California alternative workweek schedules, such as four 10-hour days adopted under Labor Code 511 or a union contract, change the daily rules (Labor Code 510(a)).
• California agricultural workers have their own overtime schedule (DIR overtime FAQ).
• Federal special cases: some public police and fire employees and some hospital and nursing home employees have exceptions to the 40-hour week (DOL FLSA Q&A).
• Other states may have their own rules. When both federal and state overtime laws apply, you get the one that pays more (DOL FLSA Q&A). Find your state agency on the DOL list of state labor offices.

Overtime pay examples

Example 1: Federal, 46 hours at $20 an hour

46 hours is 40 regular hours plus 6 overtime hours at $30, for $980.

• Regular pay: 40 × $20 = $800
• Overtime rate: $20 × 1.5 = $30 an hour
• Overtime pay: 6 × $30 = $180
• Total: $980

Example 2: California, one 10-hour day and four 8-hour days at $18 an hour

This 42-hour week has only 2 overtime hours, paid once, for $774.

The 10-hour day has 2 hours over 8, which is daily overtime. That leaves 40 regular hours for the week, so ClearTimeCard adds no weekly overtime on top.

• Regular pay: 40 × $18 = $720
• Overtime pay: 2 × $27 ($18 × 1.5) = $54
• Total: $774

Under the federal rule alone, the result is the same here: 42 hours is 2 hours over 40.

Example 3: California, one 13-hour day at $20 an hour

A 13-hour day is paid at three rates: 8 regular hours, 4 hours at 1.5×, and 1 hour at 2×, for $320.

• Hours 1 to 8: 8 × $20 = $160
• Hours 9 to 12: 4 × $30 = $120
• Hour 13: 1 × $40 = $40
• Total for the day: $320

Example 4: California, seven days in one workweek at $20 an hour

Six 8-hour days plus a 10-hour 7th day comes to $1,360: 40 regular hours, 16 hours at 1.5×, and 2 hours at 2×.

• 7th day: the first 8 hours are 1.5× and the last 2 hours are 2×.
• Days 1 to 6: 48 hours with no daily overtime. Under the weekly rule, 40 are regular and 8 are 1.5×.
• Regular: 40 × $20 = $800
• 1.5×: (8 + 8) × $30 = $480
• 2×: 2 × $40 = $80
• Total: $1,360

Under the federal rule alone, the same 58 hours would be 40 regular plus 18 overtime: $800 + $540 = $1,340.

These examples use a flat hourly rate. Shift differentials or bonuses can change your regular rate.

Overtime FAQ

Is overtime based on 40 hours a week or 8 hours a day?

Federal law uses 40 hours a week only. California uses both.

California pays overtime after 8 hours in a workday and after 40 hours in a workweek, plus 7th-day rules. Other states may have their own daily or weekly rules, so check your state labor department.

Does lunch count toward overtime?

A meal break counts only if you aren't fully relieved of duty. Short rest breaks always count.

Under federal rules, a real meal period (usually 30 minutes or more) isn't work time if you are completely relieved of duty. If you have to do any work while you eat, it counts. Rest breaks of about 20 minutes or less are paid work time (DOL Fact Sheet #22, 29 CFR 785.19).

California requires a 30-minute meal period when you work more than 5 hours in a day. If you must stay on site during it, it must be paid (DIR Meal Periods FAQ). In ClearTimeCard, enter your lunch out and lunch in times only for unpaid meal breaks.

Do salaried workers get overtime?

Often yes, because being paid a salary doesn't make you exempt by itself.

To be exempt, you generally have to pass both a salary test and a job duties test. The federal minimum salary for most exempt employees is $684 a week ($35,568 a year) (DOL salary levels). California sets a higher bar: at least twice the state minimum wage for full-time work (Labor Code 515). With the 2026 state minimum wage of $16.90 (DIR), that works out to $1,352 a week, or $70,304 a year.

Is overtime calculated weekly or biweekly?

Federal overtime is figured one workweek at a time, even if you're paid every two weeks.

Hours can't be averaged across weeks (Fact Sheet #23). If you work 50 hours one week and 30 the next, you are owed 10 overtime hours for the first week. Some hospital, nursing home, police, and fire employers have special arrangements (DOL FLSA Q&A).

Do I get paid for overtime my boss didn't approve?

Yes. Overtime you actually worked must be paid, even if it wasn't approved.

Under federal law, a rule that overtime isn't paid unless approved in advance doesn't cancel your right to be paid for hours you worked (Fact Sheet #23). California says the same, though an employer may discipline you for breaking its overtime policy (DIR overtime FAQ).

How do I calculate overtime pay?

Multiply your regular rate by 1.5, multiply that by your overtime hours, then add your regular pay.

At $20 an hour with 46 hours: $20 × 1.5 × 6 = $180 overtime, plus $20 × 40 = $800 regular, for $980. In California, also check daily overtime and double time using the table above.

Is the pay ClearTimeCard shows before or after taxes?

It's an estimate of gross pay, before taxes and other deductions.

It multiplies your hours by your hourly rate and the overtime rates. It doesn't include taxes, tips, bonuses, or shift differentials.

ClearTimeCard gives general information and estimates only, not legal, tax, or payroll advice. Overtime rules depend on your job, your state, and how you're paid, so check with the U.S. Department of Labor, your state labor agency, or a qualified professional.

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