If you are a non-exempt employee in California, you are entitled to overtime pay (1.5 times your hourly rate of pay) or possibly even double-time pay for working extra hours.
This chart illustrates when non-exempt workers are eligible for overtime and double-time pay:
| Extra pay for non-exempt employees | Work that triggers extra pay in California |
| Time-and-a-half pay (“overtime pay”) |
|
| Double-time pay (“overtime premium pay”) |
|
In this article our California labor law attorneys discuss what you need to know about overtime and double-time pay. Also listen to our informative podcast:
Overtime Pay
If you are a non-exempt employee, California labor laws require employers to pay you at least 1.5 times your regular wage rate for working past:
- 8 hours in a single workday,
- 40 hours in a single workweek, or
- 6 days in a single workweek.1
These rules do not apply if you are an:
- exempt employee, or
- independent contractor.
These rules also do not apply if you are non-exempt and agree to work an alternative workweek schedule.2 The schedules can require you to be on the clock for up to 10 hours per day without accruing overtime. However, you are still owed overtime if you:
- work longer than the number of hours on the alternative schedule, or
- work more than 40 hours in a single workweek.3
Collective bargaining agreements or union contracts between unionized employees and their employers can also stipulate exceptions to overtime pay rules.4
Double-Time Pay
If you are a non-exempt employee, you begin to make double-time pay, rather than just overtime pay, whenever you work:
- more than 12 hours in a single workday, or
- more than 8 hours on their 7th day of work.5
Example: Bob is a construction worker. He is a full-time employee and is non-exempt. His normal rate of pay is $20 per hour.
To meet a construction deadline, Bob’s boss adds hours to his work schedule. Over the course of one week, Bob works 7 straight 14-hour days, not counting meal or rest breaks. In all, his work time ends up being 98 total hours.
In addition to his straight-time pay, Bob is entitled to time-and-a-half overtime pay at $30 per hour for the ninth through twelfth hours he worked for the first six days. He is also entitled to overtime premium, or double-time work pay, at $40 per hour for the thirteenth and fourteenth hours he worked those first six days, plus for all 14 hours he worked on the seventh day of work.
Working without Permission
In California, if you work overtime but were not told to do so, or if the work was not approved in advance, you are still entitled to receive overtime pay. This is the case so long as the employer had a reason to know that you were still on the clock.6
Note that many employers have workplace policies that forbid employees from working unauthorized overtime hours. Violating these policies can lead to discipline or termination.
Exempt Workers
If you are an exempt employee, California state law neither requires nor forbids employers from paying you at one-and-one-half times your regular rate of pay for overtime work. Employers can even pay you a double-time hour rate, if they want to.
However, few employers choose to do so. Those that do pay exempt employees an overtime rate often do so in order to:
- boost morale,
- build loyalty, or
- incentivize hard work.
Computing overtime is more difficult for exempt employees than for non-exempt workers because employers have to account for other forms of pay, like some bonuses or commission payments, which can alter your regular hourly rate. If you are a non-exempt employee, overtime and double-time can just be added to the regular hours of work in the 40-hour workweek.
Exempt employees are not legally entitled to overtime or double-time rate pay.
Exempt vs. Non-Exempt
Non-exempt workers are employees protected by California’s wage and hour laws and federal laws like the United States Fair Labor Standards Act (FLSA). Exempt employees, on the other hand, are exempted from these legal protections in the workplace.
The employment laws that cover non-exempt workers include:
- minimum wage laws,
- rest and meal breaks, and
- overtime provisions.
Exempt workers have an exemption from these important legal protections. However, in California, exempt workers are entitled to a minimum weekly salary of at least twice the applicable minimum hourly wage for full-time work.7
The largest category of exempt workers is white-collar employees: Executive, administrative, and professional workers who exercise discretion and independent judgment in the workplace.
Can I sue?
If your employer owes you unpaid overtime or double-time pay, you can file a wage claim with the California Labor Commissioner. The Labor Commissioner will investigate your claim to make sure you are owed back pay.
The Labor Commissioner will then hold a settlement conference, which resolves most “wage theft” issues. If your employer still refuses to pay, you can argue your case at a formal hearing. If the hearing officer finds in your favor, you can collect your unpaid wage as a legal judgment.
Alternatively, you can bring a traditional wage and hour lawsuit against your employer. Here, the local court as opposed to the Labor Commissioner presides over your case.
Ultimately, the goal is for you to recover all your back pay plus interest and any court fees and attorney’s fees (if applicable). It is recommended you consult with an experienced labor law attorney to discuss your options for getting all the money you are entitled to as fast as possible.
Learn more in our article, how to bring a lawsuit for unpaid wages in California.
Additional Resources
For more information, refer to the following:
- Overtime Pay – U.S. Department of Labor overview of federal overtime pay requirements under the Fair Labor Standards Act.
- Overtime – Relevant articles by the Economic Policy Institute.
- Overtime – Overview of laws by Worker.gov.
- FLSA Overtime Calculator Advisor for Nonexempt Employees – Tool for employers by the U.S. Department of Labor.
- What is Overtime vs. Double Time? – Article by a payroll company.
