If you are an employee working in California, did you know that there are laws in place to protect you from being taken advantage of when it comes to overtime? In any situation where you work more than eight hours in a day or forty hours in a week, you are legally entitled to overtime pay — but that’s not all you need to know.
This article will provide an overview of California’s overtime laws, including which employees are covered by the law, how much overtime they are entitled to, and when they are eligible to receive it. So, whether you’re a current or future California employee, read on to learn everything you need to know about the state’s overtime law.
Ready? Let’s take a look.
What are the overtime laws in California?
In California, the overtime laws are governed by the Fair Labor Standards Act (FLSA). This law requires employers to pay employees one and a half times their regular rate of pay for any hours worked over 40 in a week.
Employees will need to be paid double their usual rates for any hours worked over 12 in a day, or for any hours worked on the seventh consecutive day of a workweek.
There are some exceptions to this rule, however. Employees who are considered “exempt” from overtime requirements are not entitled to receive overtime pay. Exempt employees include those who work in executive, administrative, or professional positions, as well as outside sales representatives and certain computer professionals.
Employees who are not exempt from overtime requirements must be paid at least the minimum wage for all hours worked, including those over 40 in a week.
Why does California need overtime laws?
Before overtime laws were invented and enforced, employers were allowed to make their employees work limitless hours for no additional pay. This was obviously unfair, as it left workers with little to no free time and no money. The freedom to use employees in this way led to instances of extreme exploitation and abuse.
Overtime laws were created in 1938 as a way to protect workers and ensure that they received fair compensation for the extra hours they worked. Overtime laws vary from state to state, and it is important for both employees and employers to be aware of the specific overtime regulations in California.
Overtime laws FAQ
Both employees and their employers should be aware of the overtime laws in California. Here are some of the most frequently asked questions about overtime laws in California:
What is the minimum wage in California?
The minimum wage in California is currently $15.00 per hour, up from $10.50 in 2021.
Are there any exemptions to the overtime law in California?
The only exemption to the overtime law in California is for employees who are paid on a commission basis. If an employee is not paid on a commission basis, they are entitled to overtime pay for hours worked over 8 in a day or 40 in a week.
Does my employer need to authorize overtime in advance?
No, your employer does not need to authorize overtime in advance. However, they are required to pay you for all hours worked over 8 in a day or 40 in a week, even if they did not authorize the overtime.
Can my employer require me to work overtime?
Your employer can require you to work overtime, as long as you are paid for all hours worked over 8 in a day or 40 in a week. Your employer cannot force you to work off the clock or through your break time.
Can I get overtime for working on weekends or holidays?
Yes, you can get overtime for working on weekends or holidays. You are entitled to overtime pay for all hours worked over 8 in a day or 40 in a week, even if those hours are worked on a weekend or holiday.
Is comp time pay allowed in California?
Comp time pay is not allowed in California. Employees must be paid for all hours worked over 8 in a day or 40 in a week, regardless of whether they are working on a weekend or holiday.
What to do if your employer doesn’t pay you overtime
In California, employers are required to pay their employees overtime for all hours worked over eight in a day or forty in a week. This law is set out in the California Labor Code, section 510. However, there are some exemptions, including employees who are paid on a salary basis and those who are engaged in executive, administrative, or professional work.
If your employer does not pay you overtime as required by law, you may be able to recover the money that is owed to you. In some cases, you may also be able to recover damages and attorney’s fees. To learn more about your rights under California overtime law, you should contact an experienced employment lawyer — but here are some steps you can take in the meantime.
1. Talk to your employer.
The first step is to talk to your employer. Many times, employers are not aware of the overtime laws or they may be confused about how they apply to their employees. If you can explain the law to your employer and how it applies to you, there may be a simple solution.
2. Request an overtime pay stub.
If your employer does not already provide you with an overtime pay stub, request one. This will help you to track the hours you have worked and how much overtime you have been paid.
3. Keep a record of the hours you have worked.
Keep a record of the hours you have worked, including the date, time, and description of the work. This will help you to prove that you have worked overtime hours and that you are owed overtime pay.
4. File a complaint with labor commissioner.
If you have tried to talk to your employer, and they still do not pay you overtime, you can file a complaint with the California labor commissioner. The labor commissioner will investigate your claim and may order your employer to pay back wages, damages, and attorney’s fees.
Are California’s overtime laws applicable to you?
Not everyone is eligible for overtime pay in California. In order to be eligible, you must work for a private employer and meet the following criteria:
- You are a non-exempt employee
- You are covered by the California Labor Code
- You work more than 8 hours in a day or 40 hours in a week
- Your employer pays you a salary
If you meet all of the above criteria, then you are entitled to overtime pay.
Who is exempt?
There are a few categories of employees who are exempt from overtime laws in California. If you are:
- A manager
- An administrative employee
- A professional employee
- A commissioned salesperson
- A farmworker
– then you are not eligible for overtime pay. However, this is only the case if you also receive a fixed salary that amounts to at least twice the minimum wage.
Where to find resources and professional assistance
When it comes to laws pertaining to how much you are paid, things can get tricky. This is especially true when it comes to overtime pay. In California, there are specific laws regulating overtime pay.
As an employee, it’s important that you know your rights and what you can expect when it comes to overtime. If you’re not sure where to start, or if you have any specific questions about overtime law in California, it’s best to consult with an experienced professional.
The best places to look for resources and assistance:
- Your employer: Employers in California are required to comply with state labor laws, including those governing overtime. If you have questions or concerns about your rights under California law, speak with your boss or human resources department.
- The Department of Industrial Relations (DIR): The DIR is a government agency that oversees labor laws in California. The website offers a wealth of information, including an overview of overtime law in the state, as well as contact information for local offices where you can get more specific help.
- An employment lawyer: If you have specific questions about your rights under California overtime law or need help negotiating with your employer, it may be helpful to speak with an employment lawyer. Many lawyers offer free consultations, so it’s worth reaching out for advice.
- Online resources: A variety of websites offer information about overtime law in California. The Department of Industrial Relations website mentioned above is a good place to start, but there are also numerous articles and blog posts written by employment lawyers that can provide more detail.
It can be tricky to understand the ins and outs of California overtime law, but it’s worthwhile to do your research to make sure you’re getting the pay you deserve. By understanding the basics of how overtime is calculated and paid, you can be better informed about your rights as an employee.