What Is The Difference Between Overtime and Double Time?

An Orange County unpaid overtime lawyer can help employees understand that overtime and double time are not interchangeable under California law. Overtime compensates extended work, while double time applies to especially long days and consecutive work without rest. California’s wage laws intentionally separate these pay rates to protect workers from overwork and underpayment.

What Is Overtime Pay?

Overtime pay refers to wages paid at one and one-half times an employee’s regular rate of pay. California requires overtime in more situations than most states. Overtime generally applies when a non-exempt employee works:

• More than 8 hours in a single workday
• More than 40 hours in a single workweek
• More than 6 days in a single workweek, depending on hours worked

Overtime is designed to discourage excessive work hours and to compensate employees fairly when longer schedules are required. For example, if an employee earns $20 per hour, their overtime rate is $30 per hour.

What Is Double Time Pay?

Double time pay means wages paid at twice an employee’s regular rate of pay. California law reserves double time for particularly long work hours in a day or extended consecutive workdays. Double time generally applies when a non-exempt employee works:

• More than 12 hours in a single workday.
• More than 8 hours on the seventh consecutive day of work in a workweek

Double time reflects the additional physical and mental strain of extremely long shifts or continuous work without adequate rest. 

Overtime vs. Double Time in a Single Day

California law can require both overtime and double time in the same workday.

Example scenario:
An employee works a 14-hour shift in one day.

• First 8 hours: Paid at the regular rate
• Next 4 hours (hours 9–12): Paid at the overtime rate
• Final 2 hours (hours 13–14): Paid at the double time rate

Employers often miscalculate pay by applying only overtime and ignoring double time entirely.

Seventh Consecutive Day Rules

California also imposes special rules when employees work seven days in a row within a single workweek. On the seventh consecutive day:

• First 8 hours: Paid at the overtime rate.
• Any hours over 8: Paid at the double time rate.

These rules apply even if the employee did not exceed 40 hours earlier in the week. Many workers lose double time pay because employers fail to track consecutive workdays correctly.

Who Is Eligible for Overtime and Double Time?

Overtime and double time rules apply only to non-exempt employees. Being paid a salary does not automatically make an employee exempt. Eligibility depends on:

• Job duties
• Level of independent judgment
• Salary thresholds
• Industry-specific rules

Misclassification remains one of the most common reasons employees miss out on overtime and double time pay.

Common Employer Pay Mistakes

Employers frequently violate overtime and double time laws by doing the following:

• Paying straight time for overtime hours.
• Ignoring double time obligations.
• Averaging hours across multiple weeks.
• Failing to include bonuses or commissions in the regular rate.
• Misclassifying employees as exempt or independent contractors.

Even small errors can add up to significant unpaid wages over time.