Get Paid What You Deserve: Understanding Your Rights to Overtime in California

California has robust overtime (OT) laws designed to ensure fair compensation for non-exempt employees who work extra hours. These laws stipulate that employees receive one-and-a-half times their regular pay rate for certain overtime hours and, in specific cases, double-time pay.

Here's a summary of when overtime and double-time pay apply to non-exempt employees in California:

Time-and-a-Half Pay (1.5x Regular Rate)
• More than 8 hours up to 12 hours in a single workday
• More than 40 hours in a workweek
• More than 6 consecutive days in a week, with the seventh day limited to 8 hours
Double-Time Pay (2x Regular Rate)
• More than 12 hours in a single workday
• More than 8 hours on the seventh consecutive day in a workweek

Filing Complaints for Unpaid Overtime

Workers who are not compensated according to these overtime laws can file a complaint with the Labor Commissioner or pursue a wage and hour lawsuit against their employer. This can result in recovery of unpaid wages and attorney’s fees.

Frequently Asked Questions about Overtime in California

Are all employees entitled to overtime pay?
Only non-exempt employees are entitled to overtime pay. This includes individuals who are 18 or older, or those aged 16 or 17 who are legally permitted to work instead of attending school. However, several categories of workers, such as exempt employees, independent contractors, and certain healthcare workers, have different rules or are not eligible for overtime.

When do California's mandatory overtime rules apply?
Mandatory overtime rules apply when non-exempt employees work more than 8 hours in a day, more than 40 hours in a week, or more than 6 consecutive days in a week.

How is overtime pay calculated in California?
Overtime pay is one-and-a-half times the regular rate for hours worked over 8 in a day and up to 12, and for hours over 40 in a week. Double-time pay applies to hours worked over 12 in a day and hours over 8 on the seventh consecutive workday.

When should overtime pay be received?
Employees must be paid for overtime by the second regular payday after the overtime was worked.

What if an employer refuses to pay overtime?
Employees can file a wage claim with the Division of Labor Standards Enforcement (DLSE) or sue their employer. If retaliation occurs, employees have the right to file a complaint or lawsuit.

Is unauthorized overtime still payable?
Yes. Employers must pay for unauthorized overtime if they knew or should have known the employee worked extra hours.

Can employers require overtime work?
Employers can generally require employees to work overtime. However, they cannot force employees to work seven days in a row without providing overtime pay for the seventh day.

Can employers offer compensatory time instead of overtime?
Employers cannot force employees to accept compensatory time off instead of overtime pay. Employees can request it under specific conditions, but it must be agreed upon in writing and must equate to the overtime rate.

**Get Paid What**
**You Deserve**

**Understanding Your Rights to Overtime in California**

Calculating Regular Rate of Pay

The regular rate of pay is crucial for determining overtime wages. For hourly employees, it's simply their hourly wage. For salaried employees, the regular rate is calculated by dividing the weekly salary by 40 hours. For piece-rate and commission-based employees, various methods can be used to determine the regular rate..

If you have any questions or concerns, don't hesitate to reach out to Brent Marlis and the team of lawyers at The Work Justice Firm. They are available to provide expert guidance and address any questions you may have.

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The information contained on the WJ website is provided for educational and informational purposes only. The contents of this site are not and should not be construed as legal advice.