The question of how many hours trigger a doubled hourly wage, often called double time, is a common point of confusion. Double time is a distinct inquiry from standard overtime pay. The rules governing this enhanced rate are not uniform across the United States; they depend almost entirely on the specific labor laws of the state where the work is performed. Understanding the difference between these two premium pay rates is the first step in ensuring correct wage payment.
Overtime vs. Double Time: Defining the Difference
Overtime and double time are both forms of premium pay for work performed outside of a standard schedule, but they use different multipliers. Overtime, the most common form of premium pay, requires an employer to compensate a non-exempt employee at one and a half times their regular hourly rate (“time-and-a-half”). Double time is a higher rate where the employee receives two times their regular hourly rate. While federal law establishes the basic requirement for time-and-a-half pay, double time is generally reserved for unusually long shifts or consecutive workdays. It is almost always a matter of state regulation or company policy.
The Federal Standard: Time-and-a-Half
The Fair Labor Standards Act (FLSA) sets the nationwide floor for premium pay requirements for non-exempt workers. Under the FLSA, employers must pay time-and-a-half for all hours worked over 40 in a single workweek. This federal mandate is the minimum requirement that all employers in the United States must follow.
The FLSA does not mandate double time pay under any circumstances, regardless of how many hours an employee works in a day or week. Working 50, 60, or 70 hours in a workweek only requires the employer to pay the time-and-a-half rate for hours exceeding 40. Federal law establishes the basic standard for overtime calculation, which states are free to exceed by offering greater protection to workers. Any entitlement to double time pay must originate from a source other than federal wage law.
State Requirements for Mandatory Double Time
The answer to how many hours trigger double time pay is primarily found in state-level labor codes. California is the only state that broadly requires employers to pay non-exempt employees at a double time rate under specific circumstances. The state’s labor code establishes two distinct thresholds that trigger the 2x pay rate.
Daily Threshold
One threshold is based on the number of hours worked in a single workday. In California, any hours an employee works in excess of 12 hours in one 24-hour workday must be compensated at the double time rate. This is an escalation from the state’s daily overtime rule, which requires time-and-a-half for hours worked over eight up to 12 in the same workday.
Consecutive Workday Threshold
The second threshold is based on consecutive workdays within a single workweek. An employee who works seven consecutive days in a workweek must be paid time-and-a-half for the first eight hours worked on that seventh day. Any hours worked beyond eight on that seventh consecutive workday must then be paid at the double time rate.
These specific daily and consecutive-day rules make California a significant exception to the national standard, which only mandates overtime based on a 40-hour workweek. Most other states adhere to the federal FLSA standard and do not have mandatory daily overtime rules, let alone a double time requirement. Generally, workers must look to California law to find a broad, legally-mandated double time requirement.
Double Time by Contract or Company Policy
In most states where double time is not legally mandated, employers may still offer the enhanced 2x pay rate voluntarily. This contractual double time serves as a powerful incentive for employees to work during shifts that are typically undesirable. For example, many companies offer double time pay for work performed on major national holidays, such as Christmas Day or Thanksgiving, even though no federal or state law requires them to do so.
This voluntary offering may be formalized through a company’s employee handbook or a written contract. It is also common for collective bargaining agreements, negotiated between a union and an employer, to include provisions that require double time for specific circumstances, like a seventh consecutive shift or emergency call-outs. When double time is based on policy rather than law, the specific terms and conditions are determined solely by the employer’s documents.
What to Do If You Are Not Paid Double Time
Employees who believe they were denied legally mandated double time pay should first review their company’s employee handbook and consult the labor laws for their specific state. The next practical step involves gathering accurate records, which are the foundation of any wage claim. Employees should maintain personal logs of their hours worked, including start and end times, meal periods, and the total hours worked each day and week, to cross-reference with pay stubs.
If a discrepancy cannot be resolved directly with the employer, the employee can file a formal wage complaint with the appropriate government agency. For a claim involving state-mandated double time, such as in California, the complaint should be filed with the state’s labor department, the Division of Labor Standards Enforcement (DLSE). Employees in states without a specific double time mandate, but who believe they were denied standard overtime, can file a complaint with the federal Department of Labor (DOL). These agencies are responsible for investigating claims, attempting to mediate settlements, and securing the unpaid wages.