Does federal law require double time?

No. The FLSA (29 U.S.C. § 207) requires 1.5× the regular rate for hours over 40 in a workweek. DOL Fact Sheet #23 confirms there is no federal double-time requirement.

When does double time apply in California?

After 12 hours in a single workday (California Labor Code § 510) and after 8 hours on the seventh consecutive day of work in the same workweek.

Does Colorado require double time?

No. Colorado COMPS Order #39 requires 1.5× after 12 hours in a day, not 2×. Double time in Colorado is contractual, not statutory.

How do I calculate the regular rate when I receive a bonus mid-week?

The bonus is added to total remuneration for that workweek, then divided by total hours worked. The regular rate is recalculated each workweek. See 29 CFR 778.109.

Double Time Pay: When It Applies and How to Calculate It

Double Time Pay

Double time pay means 2.0 times your regular rate of pay. Federal law does not require it. The only state that mandates double time pay for most private-sector hourly work is California. California Labor Code § 510 triggers double time after 12 hours in a single workday and after 8 hours on the seventh consecutive day of work in a workweek. No other state has a general double-time statute. If you work outside California and see double time on a paycheck, it comes from a union contract, an employer policy, or a holiday premium, not from the FLSA.

What Is Double Time

Double time is a pay rate of 2× an employee's regular rate of pay. The regular rate is not the same as the base hourly wage. Under 29 CFR 778.109, the regular rate equals total remuneration for the workweek divided by total hours worked that week. That total remuneration includes nondiscretionary bonuses, commissions, piece-rate earnings, and shift differentials. A worker earning a base wage who receives a nondiscretionary bonus in a 40-hour week has a regular rate higher than the base wage. Double time on that week would be higher for the double-time hours.

The FLSA (29 U.S.C. § 207) sets the minimum overtime rate at 1.5× the regular rate for hours over 40 in a workweek. It does not set a double-time rate at all. DOL Fact Sheet #23 is clear: federal law has no double-time requirement.

When Do You Get Double Time

Double time applies under three circumstances in California, and otherwise only where a contract or employer policy says so.

California Daily Double Time

Under California Labor Code § 510, any hour worked after 12 in a single workday is paid at 2× the regular rate. This is a daily trigger, not weekly. A 13-hour day means one double-time hour. A 15-hour day means three double-time hours.

California Seventh-Day Double Time

The first 8 hours on the seventh consecutive day of work in the same workweek are paid at straight time (1×). Hours over 8 on that seventh day are paid at 2× the regular rate.

Union Contracts and Employer Policies

Collective bargaining agreements sometimes require double time for work on Sundays, holidays, or beyond a certain hour. An employer may also adopt a policy that pays double time beyond a daily or weekly threshold. These are contractual, not statutory. Check your collective bargaining agreement or employee handbook for the exact trigger.

Double Time vs Time and a Half

Time and a half is 1.5× the regular rate. Double time is 2×. Federal law requires time and a half for all hours over 40 in a workweek. Double time is a state-specific or contractual rate that replaces time and a half for certain hours when it applies.

In California, the sequence is: hours 1-8 at straight time; hours 9-12 at 1.5×; hour 13 and beyond at 2×. The double-time hours do not also earn time and a half. The higher rate absorbs the lower one.

Outside California, no state requires double time for daily overtime. Colorado COMPS Order #39 requires 1.5× after 12 hours in a day, not 2×. Alaska Stat. § 23.10.060 requires 1.5× after 8 hours in certain industries, not 2×. Nevada NRS 608.018 requires 1.5× after 8 hours for employees earning less than 1.25× minimum wage, not 2×. None of these are double time.

Calculating Double Time and Mixing It With Time and a Half in One Week

To calculate double time and time and a half in the same workweek, you need the regular rate first, then separate the hour categories.

Step 1: Find the Regular Rate

Add all compensation for the workweek: hourly wages, nondiscretionary bonuses, commissions, piece-rate earnings, and shift differentials. Divide by total hours worked. The result is the regular rate.

Step 2: Identify Hour Categories

In a California workweek, hours fall into three groups: straight-time hours (1-8 per day and 1-40 per week), time-and-a-half hours (9-12 per day and 41+ per week, but only if not already counted as double-time), and double-time hours (13+ per day and 8+ on the seventh consecutive day). Apply the correct multiplier to each group.

Step 3: Calculate Pay

Multiply the regular rate by the number of hours in each category, then by the multiplier (1.0, 1.5, or 2.0). Sum them.

Worked Example: California 13-Hour Day

A California non-exempt employee works 6 days in a workweek: Monday through Saturday, 13 hours each day. Total hours: 78. The employee's base wage is $20/hour and they receive a $300 nondiscretionary attendance bonus that week.

Total compensation: (78 × $20) + $300 = $1,560 + $300 = $1,860. Regular rate: $1,860 ÷ 78 hours = $23.85/hour (rounded).

For each 13-hour day: hours 1-8 at straight time, hours 9-12 at 1.5×, hour 13 at 2×. Over 6 days: 48 straight-time hours, 24 time-and-a-half hours (4 per day), 6 double-time hours (1 per day).

Straight-time pay: 48 × $23.85 = $1,144.80. Time-and-a-half pay: 24 × $23.85 × 1.5 = $858.60. Double-time pay: 6 × $23.85 × 2 = $286.20. Total: $2,289.60.