Under California Labor Code §510, overtime pay is required for non-exempt employees who work:
Depending on the amount of hours worked in a day and/or week, an employee may be eligible for overtime pay, which is 1.5x their regular rate of pay, or double time, which is 2x their regular rate of pay. Below we break down the difference between overtime pay and double time pay in California.
1.5x the regular rate of pay for:
2x the regular rate of pay for:
This applies to hourly employees, unless classified as exempt under California’s strict exemption rules.
Not every employee qualifies for overtime — but most hourly and non-exempt employees do. Understanding who is eligible is key to staying compliant.
Overtime must be paid to:
Exempt employees (not entitled to overtime) typically include:
Important: California law favors employee protection, meaning employers must clearly prove exemption. Misclassification is one of the most common and costly wage violations in the state.
Failing to accurately pay overtime in California can lead to serious financial and legal consequences, including:
In some cases, businesses may owe double-time penalties or face class action suits for systemic violations.