California Employment Lawyers
CALIFORNIA OVERTIME PAY
Under California employment law, a full workday is 8 hours. Any amount of work done beyond 8 hours is considered overtime and should be paid at one and a half times the regular rate of pay. Similarly, under California employment law, any work beyond 40 hours a week is also considered overtime and should be paid at one and a half times the regular rate of pay. If a California employee works all seven days of the workweek, all work performed on the seventh day is considered overtime under California employment law and should also be paid at one and a half times the regular rate of pay. This is true regardless of how many hours the employee worked in the preceding six days.
California employees are entitled to two times their regular rate of pay for all hours worked in excess of 12 hours in a given workday. On the seventh consecutive day of work in one workweek, any time worked beyond 8 hours should be paid at two times the regular rate of pay.
Certain employees are legally “exempt” from overtime laws and are not entitled to overtime pay under California employment law. These employees usually fall within three categories: executive, professional, or administrative. All other employees are considered “non-exempt,” meaning they must receive regular breaks and overtime pay.
Employers sometimes misclassify workers as “exempt” to avoid paying them overtime or other benefits. This is often done by giving an employee an executive or managerial title that mischaracterizes their actual work. To be considered a manager under California employment law, an employee must spend more than 50% of his or her time performing managerial duties. Job title or salaried pay does not determine whether you are exempt.
Girard Gibbs LLP is a law firm based in San Francisco, California. Our employment lawyers are highly knowledgeable about employee rights under federal and California employment law, and actively pursue claims on behalf of employees whose rights have been violated. If you believe you are owed overtime pay, have not been compensated for vacation pay, meal and break time, or that your employee rights have otherwise been violated, please fill out the form below or call us toll free at (866) 981-4800 for a consultation without charge.
Important Note: This summary is intended to provide a basic overview of the typical types of employment cases handled by our firm. It is for informational purposes only and does not constitute legal advice.
Frequently Asked Questions about California Overtime Pay
Q: If I work overtime without authorization, is my employer obligated to pay for it?
A: Yes, California employment law requires that employers pay overtime, whether or not it is authorized. Overtime pay is one and one half times the regular rate of pay for all hours in excess of eight, up to and including 12 hours in a workday. After 12 hours, the employee is compensated at double the regular rate of pay.
Q: Can my employer penalize me for working unauthorized overtime?
A: An employer can discipline an employee for violating the employer’s policy of working overtime without the required authorization. However, California employment law requires that employers pay overtime, whether or not it is authorized.
Q: Are salaried employees entitled to overtime?
A: It depends. A salaried employee must be paid overtime unless they meet the test for exempt status as defined by federal and state laws, or unless they are specifically exempted.
Q: Can an employer require an employee to work overtime?
A: Yes, an employer may dictate the employee’s work schedule and hours. Under most circumstances, the employer may discipline an employee, up to and including termination, if the employee refuses to work scheduled overtime.
Q: Can my employer fire me because I inquired about my employment rights?
A: No, it is illegal for your employer to discriminate or retaliate against you for inquiring about your rights, safety concerns or overtime pay. Retaliation may include the threat of or actual termination, demotion, suspension, or harassment.