Under California law, how is daily overtime determined relative to the regular rate of pay?
Explanation
Labor Code §510(a) sets overtime as a multiple of the employee's REGULAR RATE — not less than 1.5× beyond eight hours in a workday, and not less than 2× beyond twelve. The regular rate is not the same as the base hourly wage: nondiscretionary bonuses, shift differentials and similar earnings are folded in, which is why paying 1.5× the bare base rate underpays. The minimum wage is a floor on pay, not the base for a premium the employee has earned at a higher rate. And no provision converts overtime into a flat dollar premium; the multiplier moves with what the employee actually earns.
Law Reference: Labor Code §510(a)This topic, taught in full in the CSLB Law & Business guide. CSLB Law & Business — Complete Study Guide (2026) — PDF + EPUB, $24.99 · 14-day refund →
Practice all 1632 questions free — no signup required.
Own the complete CSLB Law & Business guide — PDF + EPUB, $24.99 →
Related questions on this topic
- A carpenter earns $30.00 per hour and works 14 hours in one workday. What is the gross pay for that day?
- An employee works 8 hours per day Monday through Friday and then 6 hours on Saturday, for a total of 46 hours in the workweek. How many hours must be paid at the overtime rate?
- A construction crew wants to work four 10-hour days each week without daily overtime kicking in at hour 9. What must be in place for this to be lawful?
- An employee is scheduled for a 12-hour shift on a construction site. How many 30-minute meal periods must the employer provide?
- An employer fails to provide a legally required meal period to an employee on a given day. What does California law require the employer to pay?
- A construction worker is scheduled to work a 6-hour shift. Under what condition may the meal period be waived?
Last reviewed: · editorial process