What Is Double Time Pay in California?
Double time pay means you receive twice your regular hourly rate for specific hours worked. California requires double time when you work more than 12 hours in a single day or when you work more than 8 hours on your seventh consecutive workday. Double time is unique to California and a few other states. Federal law does not require it.
Why Double Time Pay Matters
Double time pay protects you from exploitation during extremely long shifts. When you work more than 12 hours in a day, your employer must compensate you at a premium rate for those extra hours. This discourages employers from overworking you and ensures fair payment when they do. Understanding when double time applies helps you verify you’re being paid correctly for very long workdays.
Key Elements of California Double Time Pay
When Double Time Is Required
California law requires double time pay in two specific situations:
1. Working more than 12 hours in a single workday
Any hours beyond 12 in a workday must be paid at double your regular rate. The first 8 hours are paid at your regular rate. Hours 9 through 12 are paid at 1.5x your regular rate (overtime). Hour 13 and beyond are paid at 2x your regular rate (double time).
2. Working more than 8 hours on the seventh consecutive workday
When you work seven consecutive days in a workweek, the seventh day follows special rules. The first 8 hours on that seventh day are paid at 1.5x your regular rate. Any hours beyond 8 on that seventh day are paid at 2x your regular rate.
These are the only situations where California law requires double time. Your employer can voluntarily pay double time in other situations, but these two scenarios are legally mandated.
Calculating Double Time Pay
Calculating double time is straightforward. Take your regular hourly rate and multiply by 2.
Example calculation:
- Regular rate: $20/hour
- Double time rate: $20 × 2 = $40/hour
If you worked 14 hours in one day at a $20/hour regular rate:
- Hours 1-8: 8 × $20 = $160 (regular pay)
- Hours 9-12: 4 × $30 = $120 (overtime at 1.5x)
- Hours 13-14: 2 × $40 = $80 (double time at 2x)
- Total daily pay: $360
Double Time and Your Regular Rate
Your regular rate for double time purposes includes more than just your base wage. It includes:
- Base hourly wage
- Non-discretionary bonuses (production, attendance, performance)
- Commissions
- Shift differentials (night shift pay, weekend pay)
- Piece-rate earnings
When calculating double time for employees who receive bonuses or commissions, you must first determine the regular rate for that workweek. Add all compensation earned, divide by total hours worked, then multiply by 2 for the double time rate.
The 12-Hour Rule in Detail
The 12-hour threshold applies to each workday individually. A workday is a consecutive 24-hour period starting at the same time each calendar day.
If you work 14 hours on Monday, you receive 2 hours of double time for that day. If you work 8 hours on Tuesday, you receive regular pay. Each workday is calculated separately.
Common situations triggering the 12-hour rule:
- Healthcare workers on long shifts
- Construction workers during peak season
- Retail employees during holidays
- Manufacturing workers meeting production deadlines
- Emergency responders on extended calls
The Seventh Consecutive Day Rule in Detail
This rule requires tracking consecutive workdays within a workweek. The workweek is a fixed, recurring 7-day period defined by your employer.
Key points:
- “Consecutive” means without a day off
- If you have one day off, the count resets to zero
- The seventh day must fall within the same workweek
- The rule applies per workweek, not per calendar week
If you work Monday through Sunday without a day off, Sunday is your seventh consecutive workday. Hours 1-8 on Sunday are paid at 1.5x. Hour 9 and beyond on Sunday are paid at 2x.
Exemptions from Double Time
The same exemptions that apply to overtime also apply to double time:
- Executive employees (meeting salary and duties tests)
- Administrative employees (meeting salary and duties tests)
- Professional employees (meeting salary and duties tests)
- Computer professionals (meeting pay and duties tests)
- Outside sales employees
If you’re exempt from overtime, you’re also exempt from double time. However, exemptions are narrow. Your job title doesn’t determine exemption status. Your actual duties and compensation determine it.
Examples of Double Time Pay in Practice
Example 1: Nurse Working a 14-Hour Shift
Amanda is a nurse earning $42/hour. She works a 14-hour shift due to staffing shortages.
Hour-by-hour breakdown:
- Hours 1-8: 8 × $42 = $336 (regular rate)
- Hours 9-12: 4 × $63 = $252 (overtime at 1.5x)
- Hours 13-14: 2 × $84 = $168 (double time at 2x)
Total shift pay: $756
Without double time protection, Amanda would only receive overtime rates for all hours beyond 8, earning $630 total. Double time adds $126 to her pay for that extremely long shift.
Example 2: Construction Worker on Seventh Consecutive Day
Carlos is a construction worker earning $28/hour. He works Monday through Saturday (8 hours each day), then works 10 hours on Sunday to meet a project deadline.
Weekly breakdown:
- Monday-Friday: 40 hours × $28 = $1,120 (regular pay)
- Saturday: 8 hours × $42 = $336 (overtime, first 8 hours of 6th day)
- Sunday (7th consecutive day), hours 1-8: 8 × $42 = $336 (seventh day overtime)
- Sunday (7th consecutive day), hours 9-10: 2 × $56 = $112 (seventh day double time)
Total weekly pay: $1,904
Carlos receives double time only for the 2 hours beyond 8 on his seventh consecutive workday. This amounts to an extra $28 compared to if those hours were paid at the overtime rate.
Example 3: Retail Manager During Holiday Season
Jasmine is a non-exempt retail supervisor earning $24/hour. During Black Friday week, she works an extremely long shift on Friday: 15 hours straight.
Friday shift breakdown:
- Hours 1-8: 8 × $24 = $192 (regular pay)
- Hours 9-12: 4 × $36 = $144 (overtime at 1.5x)
- Hours 13-15: 3 × $48 = $144 (double time at 2x)
Total Friday pay: $480
The three hours at double time (hours 13-15) earn her $144. If those same hours were paid at the regular rate, she would only receive $72. The double time requirement adds $72 to her paycheck for that single day.
California vs. Federal Double Time Requirements
Double time is where California law diverges significantly from federal law. Understanding this difference helps you recognize your enhanced rights under state law.
| Factor | Federal Law (FLSA) | California Law |
|---|---|---|
| Double Time Required | Never | Yes (specific situations) |
| 12+ Hours in a Day | Not addressed | Double time required |
| 7th Consecutive Day | Not addressed | Double time for 8+ hours |
| Maximum Rate Required | 1.5x (overtime) | 2x (double time in specific situations) |
| Employer Discretion | Can offer double time voluntarily | Must pay double time when legally required |
Federal law stops at time-and-a-half. California goes further by requiring double time in extreme situations. This is one of California’s strongest worker protections.
What to Do If You’re Denied Double Time Pay
If your employer fails to pay you double time when required, take these steps:
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Document your hours precisely. Track every hour worked each day. Note when you worked more than 12 hours in a day or when you worked more than 8 hours on a seventh consecutive day. Save timesheets, schedules, and clock-in records.
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Calculate your unpaid double time. Count the hours that should have been paid at double time. Multiply by your double time rate (2x regular rate). Subtract what you actually received for those hours. This is what your employer owes you.
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Check your pay stubs carefully. Look for hours beyond 12 in a day. Verify they’re paid at 2x, not 1.5x. Check seventh consecutive day calculations. Many payroll systems make errors on double time because it’s less common than overtime.
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Report the issue to your employer first. Notify your supervisor, HR, or payroll in writing. Sometimes errors are honest mistakes in payroll software. Give your employer a chance to fix it before escalating.
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File a wage claim if necessary. If your employer refuses to pay, file a claim with California’s Division of Labor Standards Enforcement (DLSE). The filing process is free. You don’t need a lawyer, though you can bring one.
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Consider legal representation. Employment attorneys often handle wage claims on contingency. If you win, your employer may have to pay your attorney’s fees in addition to your unpaid wages and penalties.
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Act within the time limit. You have three years to file a claim for unpaid double time in California. Don’t delay. Evidence disappears, and witnesses’ memories fade.
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Know you’re protected from retaliation. Your employer cannot fire you, reduce your hours, demote you, or punish you for claiming unpaid double time. If they retaliate, you have separate legal claims for workplace retaliation.
Frequently Asked Questions
Does working nights or weekends automatically qualify for double time?
No. Double time depends on hours worked in a day or on the seventh consecutive day, not which shift or day of the week you work. If you work an 8-hour night shift, you receive regular pay (plus any shift differential your employer offers). You only get double time when you exceed 12 hours in a workday or work more than 8 hours on your seventh consecutive workday.
Can my employer cap my hours to avoid paying double time?
Yes. Your employer can limit your shifts to 12 hours or fewer to avoid double time obligations. They can also require you to take a day off every six days to prevent seventh consecutive day situations. While you might prefer the opportunity to work more hours and earn double time, your employer controls scheduling and has no obligation to offer double time opportunities.
What if I work through lunch during a long shift?
If you work through your meal break, those 30 minutes count as hours worked. This could push you into double time territory. For example, if you’re scheduled for 12 hours but work through your 30-minute lunch, you actually worked 12.5 hours. That extra 0.5 hours should be paid at the double time rate, not the overtime rate.
Do salaried employees get double time?
Only if they’re non-exempt from overtime laws. Many salaried employees are misclassified as exempt when they should receive overtime and double time. If you’re salaried but don’t meet the duties test for exemption, you’re entitled to double time for hours beyond 12 in a day or beyond 8 on the seventh consecutive workday, just like hourly employees.
Is double time ever required on holidays?
Not automatically. California law doesn’t require premium pay for working holidays. However, if you work more than 12 hours on a holiday or if the holiday is your seventh consecutive workday and you work more than 8 hours, then double time applies based on those rules, not because it’s a holiday. Your employer may voluntarily offer holiday pay, but it’s not legally required.
Related Topics
Ensure You Receive Proper Double Time Pay
Double time pay is one of California’s strongest protections for workers who put in extremely long hours. If you regularly work shifts longer than 12 hours or frequently work seven consecutive days, make sure your paychecks reflect the correct double time calculations.
Don’t let your employer shortchange you by paying overtime rates when double time is required. The difference can be substantial over time. Document your hours, verify your pay, and take action if you’re not receiving proper compensation.
Legal Disclaimer: This information is for educational purposes only and does not constitute legal advice. Employment law is complex and fact-specific. If you have questions about your specific situation, consult with a qualified California employment attorney who can evaluate your case and provide personalized guidance.
Source: California Department of Industrial Relations (DIR), Division of Labor Standards Enforcement (DLSE), California Labor Code § 510, Industrial Welfare Commission (IWC) Wage Orders