California Overtime Law Requires Daily Overtime Pay← Back to California Overtime and Labor Laws Page
California overtime law defines overtime as any hours worked over an 8 hour day or 40 per week. Though the Federal Fair Labor Standards Act (FLSA) forms the basis for most employee wage and hour regulations, most state overtime laws vary by state. California is only 1 of 4 states that require daily overtime pay. If your company has instituted an alternative workweek in which you work 10 hours a day for 4 days a week, then there is an exception.
California Overtime Rate of Pay
- Unless you meet an exemption, California pays daily overtime, as well as, weekly.
- Daily overtime is any hours worked over an 8 hour day.
- Alternative workweeks that meet California’s guidelines are paid daily overtime for hours worked over 10 hours a day after a 40 hour workweek.
- Weekly overtime is mandated by the FLSA, and consists of any hours over a 40-hour workweek.
- Overtime is calculated as 1.5 times an employee’s regular rate of pay.
- 2 times an employee’s regular rate of pay is paid for hours worked over 12 in a day, or any hours over 8 when worked on the 7th consecutive day in a week.
Facts Concerning California Overtime Law
- California overtime law is more complicated than in other states, and the deck is stacked against employers who fail to comply with them.
- There are many factors that determine whether or not you are exempt from receiving overtime pay under California law and these exemptions can be confusing to both employers and employees.
- California overtime laws have been changing, which makes it more challenging for employers to follow these changes and comply with the State overtime regulations.
- Unfortunately, it is common for employers to purposefully misclassify employees as being exempt from any overtime pay, and the majority of workers have no knowledge of their protection under California overtime law.
- You are protected under the Fair Labor Standards Act (FLSA) against retaliation from your employer if you seek justice for overtime compensation violations.
Here’s the bottom line. The odds of your employer misclassifying you as exempt from overtime pay often stems from confusion alone over California overtime law. Potential miscalculations for overtime pay, if you are in fact non-exempt, are also common. If you feel that you are not receiving the appropriate rate from your employer, contact an overtime lawyer today. The Lore Law Firm specializes in overtime law and will be able to help you decide whether or not you have a case.