California Overtime Pay Law

Protecting employee overtime pay rights in California

California labor laws protect the right of most California employees to receive premium overtime pay for any work beyond 8 hours a day or 40 hours a week.

Unfortunately, not all employers comply with this requirement. At Girard Gibbs LLP, our employment lawyers represent California workers whose employers have denied them the overtime pay they deserve.

California Overtime Pay Laws

Under California overtime law, an employer generally must pay non-exempt employees:

One and a half times their regular rate of pay for all hours worked beyond 40 a week.
One and a half times their regular rate of pay for all hours worked beyond 8 hours a day, up to and including 12 hours.
One and a half times their regular rate of pay for all hours on the seventh consecutive day of work, up to and including 8 hours.
Double times their regular rate of pay for all hours worked in excess of 12 hours a day.
Double times their regular rate of pay for all hours worked in excess of 8 hours a day on the seventh consecutive day of work.

This regular rate of pay must not be less than the California Minimum Wage.

Exempt & Non-Exempt Employees under California Overtime Law

Certain employees are legally "exempt" from overtime pay laws and are not entitled to overtime pay under federal and California labor law. These employees usually fall within three categories: executive, professional, or administrative. Other employees are considered "non-exempt," meaning they must receive overtime pay.

Employers sometimes misclassify workers as "exempt" to avoid paying them overtime or other benefits. Learn more about employee misclassification.

Questions about California Overtime Pay Law?

Think you are owed overtime pay? Free and confidential evaluations are available with a California employment lawyer by calling (866) 981-4800 or by filling out the form to the right.

Eric Gibbs

Dylan Hughes

Matthew George

Why Girard Gibbs LLP?

Girard Gibbs is a national litigation firm representing consumers, investors, employees, and small businesses in cases involving consumer protection, personal injury, securities, antitrust, and employment laws. The firm’s senior partners, Daniel Girard and Eric Gibbs, have been selected for inclusion in The Best Lawyers in America® 2012 and Northern California Super Lawyers, and have earned AV-Preeminent ratings from Martindale-Hubbell, recognizing them in the highest class of attorneys for professional ethics and legal skills.