StatutePayFirst punch → last punch

California · makeup time · Labor Code § 513 · not LC 510 daily 8

California makeup time is an exclusion from daily 8, not a new premium — same workweek, except hours over 11 in a day or 40 in a week.

Cal. Lab. Code § 513 is one sentence: if the employer approves a written request to make up time lost to a personal obligation, those makeup hours, performed in the same workweek, “may not be counted towards computing the total number of hours worked in a day” for overtime in § 510 or § 511, “except for hours in excess of 11 hours of work in one day or 40 hours in one workweek.” That is not /california-overtime/ (the 8 / 12 / 7th-day premium). Unpaid lunch comes out before the 11-hour cap. Makeup is the last hours of that day’s punches. Not compensatory time off.

Read the statute: drop makeup from the daily count, keep weekly 40, keep hours over 11

Official body fetched for this page: Labor Code § 513 (leginfo, HTTP 200). IWC Wage Order 4-2001 8 CCR § 11040(3)(M) repeats the same exclusion and adds a four-week recurring-request window that this calculator labels out of scope.

Three facts have to line up or the exclusion is off. (1) A signed written request, one occasion, that the employer approved and did not solicit — uncheck the box and the ticket is plain § 510. (2) Makeup performed in the same workweek as the lost personal time; this page caps makeup minutes by the week’s lost-hours pool. (3) Makeup is the last hours of that day’s punches minus unpaid lunch. Hours over 11 that day still take § 510’s rate at that clock position (1.5× through 12, 2× after 12). Hours over 40 in the week still convert leftover regular into weekly overtime; the same hour is not paid twice.

The 11-hour exception is hours worked, not span and not a typed daily total. 08:00–20:00 with 30 minutes unpaid lunch is 11.5 hours, not 12. Three makeup hours under 11 stay regular; the half hour past 11 is 1.5×. A 22:00–09:30 overnight tour with 30 minutes lunch is 11 hours worked even though first-in to last-out is 11.5 — an hour-entry of “11.5 hours today” would invent overtime the punches do not support.

Mon 6h (lost 2) + Tue 10h (makeup 2) + 3×8h @ $20 → 40 regular = $800
Same punches on /california-overtime/ → 38 regular + 2 daily OT = $820
08:00–20:00 lunch 30, makeup 3.5 (lost 3.5 earlier) @ $20 → 11h regular + 0.5h OT = $235 on that day
6h + 10h makeup 2 + 4×8h = 48h → 40 regular + 8 weekly OT = $1,040 (daily 8 still off)

In scope

  • Same-workweek makeup excluded from LC 510/511 daily hours
  • Hours over 11 in a day still 1.5× (and 2× after 12)
  • Weekly 40 still counts makeup hours (no stacking on a premium hour)
  • Punches minus unpaid lunch for the 11-hour cap, including overnight
  • Signed written-request toggle; lost-hours pool caps makeup

Out of scope

  • Default LC 510 daily 8 / 12 / 7th day with no 513 exclusion — that is /california-overtime/
  • Alternative workweeks (LC 511 elected 4/10, 9/80, healthcare 12) — /california-alternative-workweek/
  • Compensatory time off (LC 204.3) — not makeup
  • Employer solicitation (prohibited); IWC 4-week recurring-request window
  • Regular-rate add-ons (bonuses, differentials); two straight-time rates

FAQ

Is California makeup time the same as daily overtime after 8?

No. Labor Code 510 on /california-overtime/ pays 1.5× after 8 through 12 and 2× after 12. Labor Code 513 is an exclusion from that daily count: approved makeup hours in the same workweek as the lost personal time are not counted toward hours in a day for 510 or 511 overtime, except hours over 11 in one day or 40 in one workweek.

Why do punches and unpaid lunch matter for the 11-hour cap?

Section 513 excepts hours in excess of 11 hours of work in one day. Hours of work are punches minus unpaid lunch, not a typed total and not first-in to last-out span. 08:00–20:00 with a 30-minute lunch is 11.5 hours worked: 3 makeup hours under 11 stay regular; the half hour past 11 is 1.5×. An hour-entry of 12 hours would treat a full extra hour as overtime. A 22:00–09:30 overnight tour with 30 minutes lunch is 11 hours worked even though the span is 11.5.

Does makeup time erase weekly overtime after 40?

No. Makeup hours still count toward 40 in the workweek. Section 513 only drops them from the daily total, except hours over 11 in a day or 40 in a week. Six hours plus a 10-hour makeup day plus four eights is 48 hours: 40 regular and 8 weekly overtime, even though the 10-hour day had no daily 8.

Is makeup time compensatory time off?

No. Comp time banks overtime hours to take off later. Makeup time is the reverse and must be performed in the same workweek as the lost personal time, on a signed written request the employer approved and did not solicit. Uncheck the written-request box and this ticket is plain Labor Code 510.