In the United States (federal), overtime begins after 40 hours per week. In California and China, overtime also begins after 8 hours per day. In Australia, it's after 38 hours per week. In Canada (federal), after 44 hours per week. The EU caps maximum work at 48 hours per week. The exact threshold depends on your country, state, and employment contract.
"When does overtime kick in?" is one of the most searched questions about work hours — and the answer varies dramatically by country and even by state. This guide gives you the exact overtime hour thresholds for every major country, with the daily and weekly triggers side-by-side.
Daily vs Weekly: The Two Types of Overtime Triggers
There are two fundamental approaches to overtime thresholds:
Weekly threshold (most common)
Overtime is triggered when your total hours for the week exceed the weekly limit (e.g., 40 hours). Each individual day doesn't matter — only the weekly sum. This is the standard in the US (federal), Canada, and the UK.
Daily threshold
Overtime is triggered when you work more than a set number of hours in a single day, regardless of your weekly total. California and China use this approach (8 hours/day). Australia also uses daily thresholds under many Modern Awards in addition to the weekly 38-hour cap.
Schedule: Work 10 hours/day × 4 days = 40 total hours in the week
Weekly-only threshold (US federal): 0 overtime hours (exactly at 40)
Daily threshold (California/China): 4 days × 2 hours over 8 = 8 overtime hours
Overtime Hour Thresholds by Country (2026)
| Country / Region | Weekly Threshold | Daily Threshold | OT Rate |
|---|---|---|---|
| 🇺🇸 USA (Federal) | 40 hours/week | None (federal) | 1.5× |
| 🇺🇸 California | 40 hours/week | 8 hrs/day (1.5×), 12 hrs/day (2×) | 1.5× / 2× |
| 🇬🇧 United Kingdom | 48 hrs/week max (WTD) | None statutory | Contract-based |
| 🇨🇳 China | 40 hours/week | 8 hrs/day | 1.5× weekday, 2× weekend, 3× holiday |
| 🇨🇦 Canada (federal) | 44 hours/week | None (federal) | 1.5× |
| 🇦🇺 Australia | 38 hours/week | Award-specific (usually agreed daily hours) | 1.5× (first 3 hrs), 2× after |
| 🇪🇺 European Union | 48 hrs/week max | Varies by member state | Set by member state law |
| 🇩🇪 Germany | 8 hrs/day (max 10) | 8 hrs/day | Contract-based (typically 1.25–1.5×) |
| 🇫🇷 France | 35 hours/week | None statutory | 1.25× (first 8 hrs OT), 1.5× after |
| 🇯🇵 Japan | 40 hours/week | 8 hrs/day | 1.25× standard, 1.5× late night (10pm–5am) |
Note: Many countries have industry-specific rules, collective bargaining agreements, and regional variations. The figures above represent the statutory national minimums as of 2026. Your actual entitlement may be higher based on your contract or sector agreement.
United States: 40 Hours Federal, 8 Hours California
The US has two layers of overtime law:
Federal (FLSA)
The Fair Labor Standards Act requires overtime pay at 1.5× for all hours beyond 40 per workweek. There is no daily overtime at the federal level. Most US states follow this standard.
California
California has the strongest overtime protections in the US:
- 1.5× for hours beyond 8 in a workday
- 2× for hours beyond 12 in a workday
- 1.5× for the first 8 hours on the 7th consecutive workday
- 2× for hours beyond 8 on the 7th consecutive workday
- 1.5× for hours beyond 40 in a workweek
United Kingdom: No Statutory Rate
The UK has a 48-hour maximum working week under the Working Time Regulations 1998, based on the EU Working Time Directive. However, employees can opt out of this limit with a written agreement.
Crucially, the UK has no statutory overtime rate. Your overtime pay depends on your employment contract. The only requirement is that your total pay, including overtime, must not fall below the National Living Wage when averaged across all hours worked.
China: 8-Hour Day, Three-Tier Rate
China's Labor Law Article 44 establishes a three-tier overtime rate:
- 1.5× — overtime on regular weekdays (beyond 8 hours/day)
- 2× — working on a rest day (休息日) that cannot be compensated with time off
- 3× — working on a statutory public holiday (法定节假日)
The standard Chinese workday is 8 hours, and the standard workweek is 40 hours. Daily overtime is the primary trigger, not just weekly.
Canada: Varies by Province
Federal employees in Canada are entitled to overtime after 44 hours per week under the Canada Labour Code. However, most employees are regulated provincially:
| Province | Overtime Threshold |
|---|---|
| Ontario | 44 hours/week |
| British Columbia | 8 hours/day OR 40 hours/week |
| Alberta | 8 hours/day OR 44 hours/week |
| Quebec | 40 hours/week |
| Manitoba | 40 hours/week |
Calculate Your Overtime in Any Country
Enter your clock-in and clock-out times and set your overtime threshold — ClockCalc handles daily and weekly overtime calculations for any country's rules.
Calculate Overtime Free →Australia: 38 Hours, Then Penalty Rates
Australia's standard workweek is 38 hours of ordinary time. Hours beyond 38 per week are overtime, paid at:
- 1.5× for the first 3 overtime hours (weekday)
- 2× for overtime beyond 3 hours
- Higher rates for Sunday and public holiday work
See our full Australia Overtime Rules 2026 guide for the complete breakdown.
European Union: 48-Hour Cap, Rates by Country
The EU Working Time Directive sets a maximum of 48 hours per week (averaged over 17 weeks) across member states. However, the Directive does not specify overtime rates — each country determines its own:
- France: 1.25× for first 8 hours of overtime, 1.5× beyond that; standard week is 35 hours
- Germany: Daily limit of 8–10 hours; rates set by collective agreement
- Spain: Overtime capped at 80 hours/year; 1.0× minimum (employers often pay more)
- Netherlands: No statutory rate; set by CLA or contract
- Poland: 1.5× for weekday overtime; 2× for night, Sunday, public holidays
Frequently Asked Questions
How many hours a day before overtime starts?
It depends on your country. In the US (federal), there is no daily overtime threshold — only 40 hours per week. In California, overtime starts after 8 hours per day. In China and Japan, the daily threshold is also 8 hours. Australia uses agreed daily hours under the relevant Modern Award.
How many hours a week before overtime?
US federal and Chinese law: 40 hours/week. Canada federal: 44 hours/week. Australia: 38 hours/week. France: 35 hours/week. UK: no specific overtime threshold (48-hour max working week applies). EU: capped at 48 hours/week average.
Does overtime reset every week?
Yes. Under most legal systems, overtime is calculated on a per-workweek basis. Each new workweek starts fresh. Hours cannot typically be averaged across multiple weeks to avoid overtime (with limited exceptions in some countries for averaging agreements).
What is the overtime rate in the US?
The federal minimum overtime rate in the US is 1.5× (time and a half) for hours beyond 40 per week. California also requires 2× (double time) for hours beyond 12 per day. Some employers pay more voluntarily or by contract.
Do part-time employees get overtime?
Part-time employees get overtime once they exceed the statutory threshold (e.g., 40 hours/week in the US). Working a few extra hours that bring a part-timer to 35 hours doesn't trigger overtime if the threshold is 40 — but hours beyond 40 do, regardless of employment status.
Is overtime the same as time and a half?
"Time and a half" refers to a specific overtime rate of 1.5× the regular hourly wage. It's the most common overtime rate worldwide, but not universal. Australia pays 2× for extended overtime. China pays 3× on public holidays. The UK has no statutory rate. "Overtime" just means hours beyond the threshold — the rate varies.
Summary: Overtime Thresholds at a Glance
The most important number to know is your country's overtime threshold — 40 hours (US/China), 38 hours (Australia), 44 hours (Canada), 35 hours (France). If you're in a daily overtime jurisdiction (California, China), every day that runs past 8 hours triggers extra pay, regardless of your weekly total.
Use ClockCalc to enter your actual clock-in and clock-out times — it automatically calculates your hours, flags overtime, and shows total pay. You can set daily or weekly overtime thresholds to match your country's rules.
- U.S. Department of Labor – FLSA Overtime
- California DIR – Overtime FAQ
- GOV.UK – Overtime: Your Rights
- Fair Work Ombudsman – Overtime (Australia)
- Government of Canada – Federal Labour Standards
- China Labor Law Article 44 – Three-tier overtime rates
- EU Working Time Directive 2003/88/EC – 48-hour maximum