California overtime & meal break laws
What an employer in California has to do in 2026 — overtime, breaks, penalties and record-keeping, in plain English.
The short answer
In California, hourly employees earn time and a half after 40 hours in a workweek, time and a half after 8 hours in a day, double time after 12 hours in a day and premium pay on a seventh consecutive workday. After 5 hours, an employee is entitled to a 30-minute unpaid meal break.
California rules at a glance
What this means day to day
- Daily OT: 1.5× over 8h, 2× over 12h in a day
- 7th consecutive workday: 1.5× first 8h, 2× beyond
- Meal before 5th hour; 10-min paid rest per 4h
- 1 hour premium pay for each missed meal or rest break
Every one of these is enforced automatically in ClockAll when you set a location to California — the overtime is calculated, missed breaks are flagged on the timecard the same day, and records are kept for 6 years.
Frequently asked questions
When does overtime start in California?
Hourly employees in California earn time and a half after 40 hours in a workweek, time and a half after 8 hours in a day, double time after 12 hours in a day and premium pay on a seventh consecutive workday.
How long can an employee work in California before a meal break?
After 5 hours, an employee is entitled to a 30-minute unpaid meal break.
What happens if an employee misses a break in California?
California requires a premium of one extra hour of pay at the employee’s regular rate for each workday a required meal or rest break was missed or cut short. It is owed per workday, not per break, and it is treated as wages — so failing to pay it is a wage violation, not a fine.
Are rest breaks paid in California?
Yes. 10-min paid rest per 4 hours worked — rest breaks are counted as hours worked and must be paid. Meal breaks are unpaid only when the employee is fully relieved of duty; if they eat at their post, the time is working time.
How long do employers in California have to keep time records?
California requires 4 years. Federal law (the FLSA) requires three. Because the requirement differs by state and a claim can be filed years later, ClockAll keeps 6 years for everyone — the longest any state asks for.
Can an employer round time clock punches in California?
Rounding is allowed only if it is neutral — it has to be as likely to round in the employee’s favour as the employer’s, over time. Rounding that consistently shaves minutes is unpaid wages. The safest position, and what ClockAll records, is the actual punch time to the minute.
Stay compliant in California without thinking about it
Set the location’s state once. ClockAll does the overtime math, flags missed breaks, and keeps the records.