California Overtime Laws and Employee Rights

Posted almost 4 years ago. Applies to California, 1 helpful vote

Email

1

Summary of California Overtime Laws and Regulations

According to California Labor Code Section 510, which lays out the main overtime laws in the state, "Eight hours of labor constitutes a day's work. Any work in excess of eight hours in one workday and any work in excess of 40 hours in any one workweek and the first eight hours worked on the seventh day of work in any one workweek shall be compensated at the rate of no less than one and one-half times the regular rate of pay for an employee. Any work in excess of 12 hours in one day shall be compensated at the rate of no less than twice the regular rate of pay for an employee. In addition, any work in excess of eight hours on any seventh day of a workweek shall be compensated at the rate of no less than twice the regular rate of pay of an employee."

2

California State Labor Laws - Eight Hour (8hr) Workday Overtime Pay

Under California state labor laws, employees are entitled to receive overtime wages for working more than eight (8) hours in a given workday. The overtime rate for working hours eight through twelve (8-12) is one and a half times the employees regular rate of pay. For example, suppose an Information Systems or Information Technology employee in the computer industry makes twenty dollars an hour ($20/hour). If that IT/IS Professional works nine (9) hours, he or she is entitled to thirty dollars ($30) for working that ninth hour. The most common violation that occurs in the field of California employment law is that employers require employees to work "off-the-clock." In an effort to avoid paying employees overtime wages, some companies will demand that the employees clock out of work even though they continue to perform job duties. Another major problem is that many employers in California improperly classify administrative, executive and professional employees as exempt.

3

California State Labor Laws - Double Overtime Regular Rate of Pay Rules

California workers are entitled to be paid two times (2x) the regular rate of pay in two situations. First, employees must be paid twice their regular wages when they work more than twelve (12) hours in any given workday. Second, when employees work seven (7) days in a row, they are entitled to twice their regular hourly rate for every hour they work in excess of eight (8) hours on that seventh (7th) consecutive workday. I am going to use pharmaceutical sales representatives that makes a salary of a thousand dollars a week ($1000/week). First we need to figure out the drug sales reps hourly rate, which would be $25 here. This sales representative is entitled to $37.5 hours for each hour worked in excess of eight in a workday. The drug sales rep must be paid $50/hour if he or she works more than 12 hours in a single day. Finally, the pharmaceutical sales representative must make wages of $50 an hour for working more than 8 hours on the seventh workday of a week.

Additional Resources

Visit the California DSLE and EDD Websites or Speak to a California Employment Law Attorney

California Labor Laws

Exempt vs. Non-Exempt

Overtime Pay Laws

Rate this guide

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

28,360 answers this week

3,118 attorneys answering