Overtime laws in California mandate that employees who work more than 8 hours a day or 40 hours a week are eligible to receive overtime compensation at 1.5 times their regular hourly wage.
Any hours worked over 8 in a day or 40 in a work week or working more than 6 days in a row is considered as overtime in California. Employees are entitled to receive overtime compensation at 1.5 times their regular hourly wage for all hours worked as overtime. Employees in California can also receive double time pay if they work more than twelve hours in a day.
As of January 1, 2024, the minimum overtime wage for employees stands at $24.00 an hour.
California has multiple overtime thresholds. An employee can receive overtime pay if:
- They work more than 8 hours in a day
- They work more than 40 hours in a week
- The work more than 6 consecutive days in a workweek
Regular overtime calculations in California include all types of remunerations provided to the employee, except discretionary bonuses and gifts.
Overtime in California is typically calculated as follows: (Regular hourly pay x 1.5) x hours worked as overtime
For double-time, the calculation is as follows: (Regular hourly pay x 2) x hours worked as overtime
If an employee works more than 12 hours in a day, or more than 8 hours on the seventh consecutive day of a workweek, they are entitled to receive overtime compensation at twice their regular hourly wage. This is known as double time in California.
All non-exempt employees qualify for overtime pay in California. An employee is considered non-exempt in California if they earn less than $1280 weekly (or $66,560 annually).
The FLSA sets the threshold for overtime exemption at $844 weekly. California, however, has a higher salary threshold. Employees who earn at least $1280 weekly (or $66,560 annually) are considered exempt. This can include:
- Executive, administrative, and professional employees
- Employees in the computer software industry
- Employees of the State and any of its political subdivisions
- Outside salespersons
- Individuals who are the spouse, child, or parent of the employer
- Drivers
- Taxicab drivers
- Airline employees
Yes. Salaried employees can receive overtime pay in California, as long as they are considered non-exempt. Exempt salaried employees are not eligible to receive overtime pay.
Yes. Part-time employees can receive overtime pay at 1.5 times their hourly rate if they work more than 8 hours in a day or 40 hours in a week.
In certain industries, California’s regular overtime policies do not apply. These include:
- Employees working on an alternative workweek schedule
- Health industry employees on an alternative workweek schedule
- Hospital and care center employees with on-site patients
- Camp counselors
- Personal attendants of nonprofit organizations
- Resident managers in retirement homes with under 8 beds
- Employees providing 24-hour residential care for minors
- Ambulance drivers or attendants
- Employees in ski establishments
- Live-in employees
No. Private sector employers can not provide comp time instead of overtime pay to employees in California.
No, there is no specific regulation that states that working on a holiday is considered as overtime, unless the hours worked exceed daily or weekly overtime thresholds.
Yes, it can. If an employee is traveling for work purposes, and they exceed the daily or weekly overtime requirements, they are eligible to receive overtime pay.
Yes.
Non-discretionary bonuses are flat sum payments that are given to employees as incentives to perform better on-the-job, or as a reward for good performance. These are included in overtime calculations.
To calculate overtime given on a flat sum bonus, bonuses must be divided by the maximum legal normal hours worked in the bonus-earning duration. This will result in the flat sum bonus being paid at the usual pay rate.
An alternative work week is a 4-day work week. This is a formal agreement between an employer and employee, where an employee’s shift does not exceed 10 hours in a day. However, the employee is not eligible to receive overtime pay in such cases
Yes.
Employers in California have full authority over their employees’ schedules and can mandate overtime. In such cases, an employee can not refuse to work overtime, as it can result in disciplinary action leading to termination.
Yes.
According to California regulations, employees are eligible for overtime pay even if they work unauthorized overtime. However, an employer may discipline employees for not following overtime authorization procedures.
No, an employee cannot refuse to receive overtime payment in California.
All eligible employees are entitled to receive overtime compensation at 1.5 times their regular hourly rate. Any type of agreement or waiver can not prevent the employee from receiving overtime.
There are two types of damages an employer may face for not paying an employee their due overtime compensation:
- Actual Damages: This is an amount the employer owes that equals the difference between the rate agreed upon as overtime pay and the amount actually paid. For example, if an employer agreed to pay an employee $30/hr for overtime, but paid only $20/he, the employee can collect $10/hr as actual damages.
- Liquidated Damages: Liquidated damages can be collected by the employee if the amount paid by the employer as overtime pay is less than minimum wage.
For example, if an employer only pays an employee $20/hr for overtime, but the minimum wage is $26/hr, the employee can claim $6 as liquidated damages.
If your employer has not paid your overtime wages in California, you can file a complaint with the Division of Labor Standards Enforcement (the Labor Commissioner’s Office) or consult a lawyer to file a lawsuit against your employer to claim your lost wages.
If you do not work for the employer anymore, you can file a complaint for a waiting time penalty as well.
