Mandatory Overtime in California – 3 times when it is required

If you are a non-exempt employee in California, you must receive overtime pay for exceeding certain thresholds of “hours worked.” Specifically, your employer owes you overtime in the following three circumstances:

1. Time-and-a-half pay when you work more than 8 hours in a workday or more than 40 hours in a workweek.
2. Double-time pay when you work more than 12 hours in a workday; and
3. If you work 7 days straight in a workweek, time-and-a-half pay for the first 8 hours and double-time for additional hours.¹

On-call time is usually counted as “hours worked.” Depending on your job, travel time may count as “hours worked.”

Note that if you work a split shift (two separate shifts with a large unpaid gap in between), you are entitled to an extra hour of pay at minimum wage, not at an overtime rate.

Continue reading for more information about California overtime laws, and also listen to our informative podcast:

What is my regular rate of pay?

If you are an hourly worker, your base regular rate of pay is your hourly wage.² If you are a salaried worker, the regular rate of pay is calculated by:

1. multiplying your monthly pay by 12 to get your yearly salary; and then
2. dividing your yearly salary by 52 to get your weekly remuneration; and then
3. dividing your weekly remuneration by the maximum number of hours that can be worked at regular pay – often 40.³

If you are a piece worker or commission-based worker who earns income by your productivity, the regular rate of pay is often the total earnings for a week, divided by the number of hours worked.⁴

Your regular rate of pay – also called “straight time pay” – serves as the baseline for your overtime payments.

What else is included in your regular rate of pay

In addition to your wages, other forms of remuneration added to your regular rate of pay include:⁵

• piece rates,
• non-discretionary production bonuses,
• housing benefits,
• meals, and
• any goods or facilities received by you.⁶

What is not included in your regular rate of pay

The regular rate of pay does not include:

• tips,
• payments made as gifts (including holiday bonuses),
• rewards for service not based on hours worked, productivity, or efficiency,
• reasonable traveling expenses,
• irrevocable contributions from the employer to a third party for the benefit of employees, such as a retirement plan or insurance coverage,
• compensation paid at a premium rate for excess hours worked, or
• income derived from stock options or stock purchase rights provided by the employer.⁷

What if I have an alternative work schedule?

An alternative workweek schedule, or AWS, structures the hours in a workweek differently than normal. Usually, an AWS will increase the number of hours worked in a single workday in order to reduce the number of workdays in a single workweek.

Common alternative workweek schedules adopted by California employers include:

• a 4-day workweek with 10-hour days (called a 4/10 workweek),
• 3 days of 10 hours, and 2 more days of 5 hours, and
• biweekly periods that consist of 8 workdays of 9 hours each, 1 workday of 8 hours, and 1 extra day off (known as a 9/80 schedule because it spreads 80 working hours over 9 days).

Overtime pay for AWSs

In workplaces that have adopted an AWS, the overtime wages are at 1.5 times your regular rate of pay only if you work more than:

• the regularly scheduled number of hours under the AWS, or
• 40 hours in a workweek.

Double-time is only paid if you work in excess of:

• 12 hours in a single workday, or
• 8 hours in a day that is not in the AWS’s regularly scheduled workdays.⁸

Are California overtime laws more generous than federal ones?

Yes. Like California law, the federal Fair Labor Standards Act (FLSA) requires time-and-a-half pay for all hours you worked in excess of a 40-hour workweek.⁹ In addition, California’s overtime law is more generous than the FLSA in the following ways:

• it offers double-time pay for hours worked well in excess of normal,
• it offers an overtime rate for hours worked during a seventh consecutive day on the job, and
• it offers overtime pay for hours worked in excess of 8 hours in a single workday.

Can I get overtime if I am salaried?

If you are a salaried employee, you may be entitled to overtime pay so long as you are non-exempt. If you are exempted from California’s wage and hour laws, then you cannot earn extra pay for overtime work unless your employer chooses to provide it.

Exempt workers are typically “white-collar” and must earn at least twice the minimum wage for full-time work. Common types of exempt workers include:

1. Administrators who primarily perform administrative duties and regularly exercise independent judgment.
2. Executives and managers who supervise at least two employees, regularly exercise independent judgment, and manage the business operations.
3. Computer software professionals who have certain skill sets and job duties.
4. Outside salespersons who spend more than half their workday away from the office.
5. Highly-skilled professional employees such as lawyers and architects with specialized expertise and work.¹⁰
6. Doctors and surgeons and certain other healthcare workers.¹¹
7. Employees who earn more than half of their income from commissions.¹²

Note that independent contractors are also not subject to California’s overtime rules.

In addition, union workers often have different overtime rules as agreed upon in a collective bargaining agreement.

Finally, government agencies may have different overtime pay rules than the private sector has.

Are there other professions with different overtime rules?

Yes. In alphabetical order, the following professions may have different overtime rules or are exempt altogether:

• Agricultural workers;
• Airline employees who request to put in more than 40 up to 60 hours in a workweek, and it is only temporary;
• Amusement and recreation workers;
• Broadcasting workers;
• Camp counselors;
• Commercial fishing boat crew members;
• Domestic workers (live-in or not);
• Healthcare workers;
• Motion picture workers;
• Physicians (other than residents, interns, or doctors covered under collective bargaining agreements);
• Railway Labor Act employees under a collective bargaining agreement;
• Taxi drivers;
• Transportation workers;
• Traveling carnival ride operators employed full-time; and
• 24-hour nannies (in certain cases).

Do meal and rest breaks change the number of hours worked?

California law entitles you to meal and rest breaks if you are a non-exempt employee. The rest breaks are counted in the number of hours used to calculate overtime hours. Meal breaks, however, are not counted, unless you are asked to work during the break.

If your employer makes you work through your break, they owe you one additional hour of pay at your regular rate of pay for each break denied to you.¹³

Who tracks my time?

Your employer is supposed to accurately track and record your work hours to ensure it complies with California’s overtime laws. However, you are strongly advised to keep an independent log of your hours. That way if there is a discrepancy, you can request to see your records and explain to your employer where they made a mistake.

Can an employer force me to do overtime?

Your employer can require you to work overtime, and they can fire you if you refuse. Though there are conditions in California:

• If you are a non-exempt employee, you must receive overtime pay in accordance with California law;
• The overtime schedule cannot violate your employment contract (if applicable); and
• The overtime schedule cannot pose a health or safety risk.¹⁴

Employers typically require overtime work when they are understaffed, when business is very busy, or if there is an emergency.

Can an employer have me work “off the clock?”

No, off the clock work – which is where your employer has you doing work for no pay – is not allowed.

Keep track of your hours in the event that your employer tries to manipulate your time sheets. Sometimes employers shave off your time in an effort to pay you straight pay instead of the overtime pay you are entitled to.

Can I waive my right to overtime pay?

No. As a non-exempt employee in California, you may not waive your right to earn overtime pay. Even if you sign an employment contract where you agree to work at your standard rate of pay for overtime hours, the court will not enforce it.¹⁵

What is the “Day of Rest Rule”?

Under California Labor Code section 551, employees cannot be ordered to work seven consecutive days in a workweek unless:

• there is an emergency or
• the job reasonably calls for it.

As discussed above, non-exempt employees are entitled to overtime pay for working on the seventh day in a workweek. If the work extends past eight hours on that seventh day, the employer must pay double-time pay.

Note that employers get to choose which day of the week a workweek starts, and they cannot change it in attempt to get around overtime pay laws.

What if my employer will not pay me overtime?

Additional Resources

For more information on California overtime law, refer to the following:

• Overtime for Agricultural Workers – Frequently Asked Questions – Overtime information by the State of California Department of Industrial Relations.
• The Domestic Worker Bill of Rights – Frequently Asked Questions – Overtime information by the State of California Department of Industrial Relations.
• Industrial Welfare Commission Wage Orders – Laws on specific occupations that may have different overtime regulations.
• How to file a wage claim – Instructions provided by the California Labor Commissioner.
• Free overtime calculator – A program provided by Forbes that lets you input your salary and hours so you can estimate what your paycheck should be.

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Legal References