California has overtime pay laws that apply to non-exempt employees. These workers are eligible for overtime pay if they work more than a typical workday or workweek in California.
This article will provide information about the overtime pay laws in California. If they labor for more than 12 hours in a weekday, or for more than 8 hours on their seventh consecutive day of work, they may be entitled to double time pay, or twice the employee’s regular rate.
What Are the Overtime Pay Laws in California?
Non-exempt employees must be paid at least 1.5 times their hourly rate for overtime work under California labor rules. Overtime pay is based on a salary, not an hourly wage and the calculation does not include bonuses or commissions.
- In a single workday, you work for 8 hours.
- In a single workweek, you work for 40 hours, or for 40 hours in a single week.
- In a single workweek, you work for six days.
Non-exempt employees who have agreed to work an alternate weekly plan are also exempt. At least two-thirds of the impacted employees must consent to these schedules. Workers may be required to labor for up to 10 hours each day without accruing overtime under certain schedules. Employees who work on a different workweek plan are still entitled to overtime if they:
- Work more than the alternate schedule’s number of hours, or
- In a single workweek, work more than 40 hours.
When Does an Employee Get Paid Double Time?
There are two types of overtime pay: time-and-a-half and double time. Time-and-a-half means that an employee gets paid 1.5 times their hourly wage for every hour they work over 40 hours per week. Double time means that an employee gets paid twice their hourly wage. When a non-exempt employee works, they start earning double time pay instead of merely overtime compensation:
- More than 12 hours in a single day of work, or
- More than 8 hours on their seventh day of employment
Martin, for example, is a construction worker. He is a full-time, non-exempt employee. His regular salary rate is $20 per hour. Martin’s supervisor adds hours to his work schedule to fulfill a construction deadline. Martin works seven consecutive 14-hour days in a week, not including food or rest breaks. In the end, he worked for a total of 98 hours.
Martin is entitled to time-and-a-half overtime pay of $30 per hour for the ninth through twelfth hours he worked for the first six days, in addition to his regular pay. He is also entitled to overtime premium, or double time pay, of $40 per hour for the thirteenth and fourteenth hours he worked for the first six days of work, as well as for the 14 hours he worked on the seventh day.
Exempt VS Non-Exempt Employees
Non-exempt employees are those who are covered by California’s wage and hour rules, as well as federal legislation such as the Fair Labor Standards Act (FLSA). Exempt employees, on the other hand, are not covered by certain workplace legal protections.
Non-exempt employees are covered by the following laws:
- Laws governing minimum wages,
- Rest and food breaks, and
- Overtime pay
These vital legal protections are not available to exempt workers. In California, however, these workers are entitled to a minimum weekly compensation that is at least twice the state’s minimum wage for full-time employment.
We Can Help You Receive the Compensation You Deserve!
If you or someone you know would like to understand further on California Overtime Pay Laws, feel free to give KAASS Law a call at 310.943.1171 and set up a consultation with our attorney in order to discuss your case further.