Overtime Law in California

Overtime Law for Hourly Employees

  • If you work more than 8 hours in one day, your employer must pay you one and a half times your regular rate of pay.
  • If you work more than 40 hours in any one work week, your employer must pay you one and a half times your regular rate of pay.
  • Any time, up to 8 hours you work on a seventh consecutive day of work is overtime. After 8 hours, you should be paid double time.
  • If you work more than 12 hours in one day, that time should be paid at double time.
  • If your employer does not pay your overtime, you may recover those amounts, along with interest and penalties.
  • Your employer can NOT discriminate or retaliate against you if you make a claim for overtime pay.

Overtime Law for Salary Employees

  • A salaried employee may still be entitled to overtime pay!
  • A salaried employee is only exempt from overtime laws if they meet certain criteria.
  • Some employers classify their employees as exempt from overtime laws or as independent contractors even when they do not meet the criteria under California law.
  • If you are mis-classified as exempt, your employer may owe you for all your overtime hours and perhaps rest breaks. The penalty is a premium of on hour of pay for each day that you missed a meal break or a rest break.
  • If you are not “exempt” you should be getting paid one and a half times your regular rate of pay for any overtime hours you work.