Same 39 hours, different overtime: federal, California and Colorado rules

November 3, 2026

Say you work three 13-hour days in one week: Monday, Tuesday and Wednesday, from 6:00 am to 7:30 pm with a 30-minute unpaid break. That adds up to 39 hours. How much of it counts as overtime depends on where you work.

The same 39-hour week under three rules
Rule	Regular	Overtime 1.5×	Double time 2×
Federal	39h 00m	0h 00m	0h 00m
California	24h 00m	12h 00m	3h 00m
Colorado	36h 00m	3h 00m	0h 00m

This example assumes an hourly, non-exempt job, a proper unpaid meal break, and all three days in the same workweek.

The federal rule counts the week

The Fair Labor Standards Act requires overtime of at least 1.5 times your regular rate for hours over 40 in a workweek. It doesn't require overtime just because one day ran long. At 39 hours, this week has none. Most states follow this rule, though some add their own.

California counts each day too

California requires 1.5 times your regular rate for hours over 8 in a workday and over 40 in a workweek, and for the first 8 hours on the seventh consecutive day of work in a workweek. Double time applies to hours over 12 in a workday and over 8 on that seventh day.

Each 13-hour day splits into 8 regular hours, 4 overtime hours and 1 double-time hour. Over three days, that makes 24, 12 and 3.

Colorado draws the line at 12 hours

Colorado requires 1.5 times your regular rate for hours over 40 in a workweek, over 12 in a workday, or over 12 consecutive hours, whichever pays more. Each day here has 1 hour past 12, so the week has 3 overtime hours and 36 regular hours.

What can change your numbers

Your workweek. It's a fixed 7-day period that can start on any day, so the same shifts can land in different weeks at different employers.
Your job. Exempt jobs and some industries follow different rules.
Your schedule. California allows alternative workweek schedules, such as four 10-hour days, which can change when daily overtime starts.
Your contract. A union contract may set different terms.

Check your week against your pay stub

Write down your clock-in time, clock-out time and unpaid break for each shift, then compare your totals with your pay stub each pay period. If they don't match, ask your payroll contact which workweek and rule your employer uses.

Hourpad does this counting on your iPhone. Enter your shifts, choose your state, and see regular hours, overtime and double time. It's coming soon to the App Store.

Sources

Checked November 3, 2026. This is general information, not legal advice. Your pay stub and your employer's payroll records are the final word on what you were paid.