California Overtime Law. Except where there is a written overtime agreement, an employer must pay an employee overtime pay of at least 1.5 times the employee’s regular wage rate for all overtime hours worked. Contacting any attorneys or law firm mentioned on this website, without more, does not create an attorney-client relationship. In other words, assuming you are employed under a policy that provides for a 35-hour workweek, the law does not require the employer to pay the overtime premium until after eight hours in a workday or 40 hours in a workweek. . Yes, California law requires that employers pay overtime, whether authorized or not, at the rate of one and one-half times the employee's regular rate of pay for all hours worked in excess of eight up to and including 12 hours in any workday, and for the first eight hours of work on the seventh consecutive day of work in a workweek, and double the employee's regular rate of pay for all hours worked in excess of 12 … The timetable created by Assembly Bill 1066 in 2016 gradually changes overtime rules in order to align California Wage Order 14 overtime to be paid on the same basis as most other industries. Administrative employees who do not perform manual labor but need special training and choose their own hours are also exempt from 2018 California Overtime Laws. 3(b)(8) [permitting alternative workweek schedules of three 12-hour days without requiring time-and-a-half pay].↥, Cal. Overtime Exemptions . Please use the search for legal help tool to find a legal aid organization or self help center near you for accurate information and more support. is an associate of Melmed Law Group P.C. 1937, Ch. You can be entitled to overtime, even if you are paid on a salary, commission, or piece rate basis. Employment / Age Certification. For each overtime hour worked you are entitled to an additional one-half the regular rate for hours requiring time and one-half, and to the full rate for hours requiring double time. At first glance, this rule would seem to require that all hours worked beyond the first 40 hours in a workweek should be paid at an overtime rate, even if some of those hours were counted towards the employee’s daily overtime wages. Code Regs., tit. The alternate method of scheduling and computing overtime under most Industrial Welfare Commission Wage Orders, based on an alternative workweek schedule of four 10-hour days or three 12-hour days does not affect the regular rate of pay, which in this case also would be computed on the basis of 40 hours per workweek. Minimum Wage for Tipped Employees. Code of Regs., tit. is responsible for all communications made on this website. An "exemption" means that the overtime law does not apply to a particular classification of employees. 8, § 11170, subd. 90. ) A determination of whether the on-call waiting time is spent predominantly for the employer’s benefit depends on two considerations: (1) the parties’ agreement, and (2) the degree to which the employee is free to engage in personal activities.”].↥, Gomez v. Lincare, Inc. (2009) 173 Cal.App.4th 508, 523.↥, Gomez v. Lincare, Inc. (2009) 173 Cal.App.4th 508, 523; see also Madera Police Officers Assn. (2)(M).↥, Cal. He created this blog in 2006 to help employees with workplace claims for denied meal breaks, rest breaks, overtime and unpaid wages. of Industrial Relations: Meal Periods. California labor attorney Eugene Lee has been in practice since 1995. 4th 833, 845–846.↥, Seymore v. Metson Marine, Inc. (2011) 194 Cal.App.4th 361, 369 [“[E]mployers may for bona fide business reasons establish an infinite variety of working schedules, including rotating and alternating schedules under which employees start at different times on different days.”], disapproved on other grounds by Mendiola v. CPS Security Solutions, Inc. (2015) 60 Cal. If the employee has more than 40 hours leftover, those additional hours must be paid at a rate of time-and-a-half., The compensating time off is provided pursuant to a written agreement between the employer and employee (or the employee’s union) before the performance of the work., The employee has not accrued more than 240 hours of comp time., The employee made a written request to the employer asking for compensating time off in lieu of overtime compensation., The employee is regularly scheduled to work no less than 40 hours in a workweek.. While this specific regulation applies to professional, technical, clerical, mechanical, and similar occupations, the same definition of “hours worked” appears in regulations governing overtime requirements for most other occupations. The purpose of the conference is to determine the validity of the claim, and to see if the claim can be resolved without a hearing. These workers are not entitled to overtime pay under most circumstances. Got Overtime? Under California meal break law (which is much more generous to employees than federal labor law), if you are a non-exempt worker, you are entitled to a 30-minute uninterrupted, duty-free meal break if you work more than 5 hours in a workday. In using this method, the total number of pieces produced by the group is divided by the number of people in the group, with each person being paid accordingly. 1(A)(1) [defining the executive exemption].↥, See, e.g., Cal. They can: Employees have a right to hire an employment attorney to assist or advise them with any of these options. To qualify as an exempt employee, the worker must meet certain criteria established by California law. California overtime law applies to work more than (1) 8 hours in a single workday, (2) 40 hours in a single workweek, or (3) 6 days in a single workweek. California is well known for its employee friendly stance and this law dictates when an employee must be paid wages for overtime. The agreed upon regular hours must be used if they are less than the legal maximum regular hours. None of the employee’s daily overtime hours are credited toward their weekly overtime. Explore this website to learn more about employee rights and employer obligations in Ontario. The overtime period in California begins when an employee works 8 hours per day or 40 hours per week. To compute overtime on a production bonus, the production bonus is divided by the total hours worked in the bonus earning period. First, extra pay provides fair compensation to employees who sacrifice their free time by working long hours.4, Second, overtime wages incentivize employers to hire more employees so they can avoid paying higher overtime wages. 8, §§ 11010–11170, subds. 2006 rev.) 4th 833, 845–846.↥, Seymore v. Metson Marine, Inc. (2011) 194 Cal.App.4th 361, 365 [“We agree with plaintiffs that it is not permissible for Metson to artificially designate the workweek in such a way as to circumvent the statutory requirement to pay overtime rates for the seventh consecutive day worked in a workweek.”], disapproved on other grounds by Mendiola v. CPS Security Solutions, Inc. (2015) 60 Cal. To learn more about the process for bringing a claim for unpaid overtime, visit How to File a Wage & Hour Claim in California: The Ultimate Guide. Both federal and California law require nonexempt employees to be paid overtime when the employee works more than 40 non-overtime hours in a workweek.39 But California law goes further by providing rights that exceed federal overtime protections. Employees who choose to pursue a remedy for unpaid overtime will need to decide whether to seek relief under federal or state law. Overtime rates are based on the employee’s regular rate of pay.47 Computing an employee’s regular rate depends on how the employee is compensated. 8, §§ 11010–11170, subds. For covered, nonexempt employees, the Fair Labor Standards Act (FLSA) requires overtime pay (PDF) to be at least one and one-half times an employee's regular rate of pay after 40 hours of work in a workweek. (a) Eight hours of labor constitutes a day’s work. Code of Regs., tit. . 1242, 1245] [“The regular rate by its very nature must reflect all payments which the parties have agreed shall be received regularly during the workweek, exclusive of overtime payments.”]; Huntington Memorial Hospital v. Superior Court (2005) 131 Cal.App.4th 893, 903–904. Overtime is calculated based on hours actually worked, and you worked only 40 hours during the workweek. 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