California · two (or more) straight-time rates · not the single-rate LC 510 page · not FLSA weekly-only
Two pay rates in a California workweek use a weighted regular rate. Then Labor Code 510 still splits the day.
29 CFR § 778.115 (eCFR through 26 Aug 2026): where an employee in a single workweek works at two or more different types of work for which different nonovertime rates of pay have been established, the regular rate for that week is the weighted average of such rates — total earnings at all such rates, divided by the total number of hours worked at all jobs. Cal. Lab. Code § 510 then pays no less than one and one-half times that regular rate after eight in a workday, after forty in a workweek, and for the first eight hours on the seventh day of work; twice that regular rate after twelve in a day and after eight on that seventh day. The same section refuses to stack those rates on a single hour. Distinct from /california-overtime/ (one typed rate) and /flsa-regular-rate/ (FLSA weekly 40 only).
Sourced lines (re-fetched 28 Aug 2026 PT)
- eCFR § 778.115 (through 26 Aug 2026) — employees working at two or more rates; weighted average regular rate.
- Cornell LII 29 CFR § 778.115 — same text: total earnings at all such rates ÷ total hours worked at all jobs.
- Cal. Lab. Code § 510 (leginfo) — daily 8 / 12, weekly 40, seventh day of work; no combining more than one overtime rate on the same hour.
- DIR overtime FAQ — 1.5× after 8 through 12 and first eight on the seventh consecutive day of work in a workweek; 2× after 12 and after eight on that seventh day.
The formula this page actually uses
Regular rate (778.115) = (hoursA × rateA + hoursB × rateB) ÷ (hoursA + hoursB)
Then Labor Code 510 on that regular rate:
Hours 0:00–8:00 → regular × RR
Hours 8:00–12:00 → 1.5× RR
Hours after 12:00 → 2× RR
Seventh day of work: first 8 at 1.5× RR, remainder at 2× RR
Weekly 40 converts leftover regular hours above 40 into 1.5× — it does not pyramid onto an hour already at a premium.
Golden 1: 20 hours at $20 plus 20 hours at $30, every day at or under 8 hours → 40 regular, RR $25, no overtime, $1,000.
Golden 2: five 9-hour days, three at $20 and two at $30. Each ninth hour is daily overtime at 1.5× the $24 regular rate ($1,080 / 45). Leftover regular is exactly 40, so weekly 40 adds nothing. Result: 40 × $24 + 5 × $36 = $1,140.
In scope
- Two straight-time hourly rates in one California workweek
- 778.115 weighted-average regular rate (earnings ÷ hours at all jobs)
- LC 510 daily 8 / 12 on combined hours that workday
- Seventh day of work in the workweek
- Weekly 40 with no stacking on a premium hour
- Punch-in/out + lunch per rate, or hours at rate A vs rate B per day
Out of scope
- Single-rate California overtime (that is /california-overtime/)
- FLSA weekly-40 extra half-time only (that is /flsa-regular-rate/)
- 29 CFR 778.419 rate-in-effect (needs a prior agreement)
- Alternative workweeks (LC 511, 514, 554)
- Bonuses, differentials, meal and rest premiums
FAQ
How is the regular rate calculated with two California pay rates?
29 CFR 778.115: where an employee in a single workweek works at two or more different types of work for which different nonovertime rates of pay have been established, the regular rate for that week is the weighted average of such rates. Total earnings at all such rates are divided by the total number of hours worked at all jobs. Example: 20 hours at $20 plus 20 hours at $30 → $1,000 / 40 = $25.
Does California still use daily 8/12 and seventh-day overtime on that blended rate?
Yes. Labor Code 510 applies to the regular rate, not to each job's sticker price. Hours after 8 through 12 in a workday are 1.5× the weighted regular rate. Hours after 12 are 2×. The first eight hours on the seventh day of work in the workweek are 1.5×; hours after eight that day are 2×. Weekly hours over 40 that are still in the regular bucket convert to overtime; the same hour is not paid twice.
Why is this not the FLSA regular-rate page?
/flsa-regular-rate/ uses 778.115 for a federal weekly-40 extra half-time only. It does not apply Labor Code 510 daily 8/12 or seventh-day premiums. /california-overtime/ is a single typed rate. This page is the two-rate California workweek.
What is out of scope on this page?
The 29 CFR 778.419 rate-in-effect alternative, alternative workweeks (Labor Code 511/514/554), bonuses, shift differentials, and meal/rest premiums. Type two straight-time hourly rates and punches (or hours at each rate) for one workweek.
