Rules for California Overtime

If you are an employee who is eligible for overtime, California has strict rules to ensure that you are paid for any overtime hours worked for your employer. If your employer fails to pay you overtime or calculates your overtime at the incorrect rate, you may have a valid claim for damages under California law. To learn more about whether you have an overtime wage claim, call or contact an experienced California employment law attorney today and schedule an evaluation of your case.

When are You Eligible for Overtime?

So long as the employee is not considered nonexempt, a worker is entitled to overtime pay at one and a half times their regular rate of pay for all work done in excess of eight hours up to 12 hours in any workday in addition to overtime for the first eight hours worked on the seventh consecutive day of a work week. Overtime also applies for all work done in excess of 40 hours in any work week and double pay for all work done in excess of 12 hours in a single workday or in excess of eight hours on a seventh consecutive work week.

What is the Regular Rate of Pay?

Many overtime claims arise from a miscalculation in an employee’s regular rate of pay. This is typically defined as the average earnings for an employee per hour over the course of a normal work week. This occurs by dividing all includable compensation by the number of hours worked. Compensation can include hourly earnings, salary, piecework compensation, non-discretionary bonuses, shift differentials, the value of meals and lodging, and commissions. However, there are also some payments that are not counted toward the regular rate of pay, such as gifts for special occasions, expense reimbursements, vacation, holiday, or sick pay, premium pay for weekends or holidays, and discretionary bonuses.

Must an Employee be Paid for Unauthorized Overtime?

In most cases, an employer must pay for an employee’s overtime hours even if the time was not officially authorized by the employer. If the employer knew or should have known that the overtime hours were being worked by the employee, then the employer is required to pay for the overtime work. However, one exception to this rule is if the employee deliberately prevents their employer from knowing about the amount of unauthorized overtime worked, and an employer is allowed to discipline their employee for working overtime without authorization.

Can an Employer Mandate Overtime Hours?

Generally speaking, an employer is allowed to dictate the schedules of their employees and as such can require the working of overtime hours. If an employee refuses to work overtime, an employer is allowed to discipline them for failure to work. However, an exception to this rule is if an employer tries to force an employee to work on the seventh consecutive day of a work week. An employer is required to provide at least one day of rest per week and therefore cannot discipline an employee for taking it.

Talk to an Attorney

If you would like to learn more about your rights to overtime as a California employee, talk to an employment law attorney today.