California · Labor Code § 511
The 4/10 and the 9/80 are not Labor Code 510
After a two-thirds secret-ballot election, Labor Code § 511 lets a work unit adopt a regularly scheduled alternative workweek of not more than 10 hours a day within a 40-hour workweek with no daily overtime on those scheduled hours. Hours beyond the schedule, up to 12, are 1.5×. After 12, and after 8 on an unscheduled extra day, 2×. Healthcare under Orders 4 and 5 may go to 12. A 9/80 only stays at 40 if the workweek is cut so the split Friday lands in the right week. This is not the shipped LC 510 default page.
What the extra day actually pays
Four 10-hour scheduled days at $20 are 40 regular, 0 overtime. Add an unscheduled extra day of 8 hours. § 511(b) pays double time for work in excess of eight hours on days beyond the regularly scheduled workdays — not for the first eight. DIR’s overtime-exceptions table and the 23 December 1999 DLSE AB 60 memo (the Friday 10-hour extra-day example) put the first eight of that extra day at 1.5×. The ticket is 40 regular + 8 overtime at 1.5×.
9/80: Monday–Thursday 9 hours plus Friday 8 in week A, Monday–Thursday 9 plus Friday off in week B, workweek cut at noon. The 08:00–16:00 Friday splits 4 hours before noon into week A and 4 after noon into week B. Each workweek is 40. If the punches do not match the cut, weekly overtime appears.
Healthcare 12: three 12-hour scheduled days are 36 regular, no daily overtime. The 13th hour that day is double time. Weekly 40 still converts leftover regular.
In scope
- LC 511 4/10, 9/80 with predesignated cut, healthcare 12 (Orders 4 & 5)
- 1.5× beyond scheduled hours up to 12; 1.5× over 40/week
- 2× after 12/day and after 8 on an extra unscheduled day
- Scheduled-hours field on each day (0 = extra day)
Out of scope
- Default LC 510 8/12/7th-day (use /california-overtime/)
- Election procedures, make-up time (LC 513), CBA opt-out (LC 514)
- Regular-rate add-ons
FAQ
Is this the same as California daily overtime after 8?
No. Labor Code 510 is the default 8/12/7th-day page. This page is Labor Code 511 after a two-thirds secret-ballot election: a regularly scheduled alternative workweek of not more than 10 hours per day within a 40-hour workweek pays no daily overtime for the scheduled hours.
What is paid on an extra unscheduled day?
Labor Code 511(b): 1.5× for work in excess of the regularly scheduled hours up to 12, and for hours over 40 per week; 2× after 12 per day and for any work in excess of eight hours on days worked beyond the regularly scheduled workdays. The first eight hours on that extra day are 1.5× — DIR Exceptions to the general overtime law (February 2019) and the DLSE AB 60 memo (23 December 1999) Friday example. Double time is the excess over eight, not the first eight.
How does a 9/80 stay at 40 hours a workweek?
DLSE AB 60 memo (23 December 1999): predesignate the workday and workweek to run noon to noon, typically Friday noon to next Friday noon, so the eight hours on the working Friday split — four hours before noon in one workweek, four hours after noon in the next — with Monday–Thursday at nine hours. Without that cut, every other calendar week is 44 hours and the alternative workweek fails.
May healthcare adopt 12-hour days?
Yes, under IWC Orders 4 and 5 (DIR overtime-exceptions table, February 2019): a validly adopted alternative workweek may provide workdays exceeding 10 but not more than 12 within a 40-hour workweek without daily overtime. Double time after 12 still applies. Three 12-hour days are 36 regular; the 13th hour that day is 2×.
