California Overtime Provisions

Updated: Aug 24, 2018

In California, the general overtime provisions are that a nonexempt employee 18 years of age or older, or some minor employee 16 or 17 years of age who isn't required by law to attend school and isn't otherwise prohibited by law from participating in the topic work, shall be employed more than eight hours in any workday or more than 40 hours in any workweek unless she or he receives one and one half times her or his regular rate of pay for hours worked over eight hours in any workday and over 40 hours in the workweek.


Eight hours of work is a day's work, and employment beyond eight hours in any workday or more than six days in any workweek needs the worker be compensated for overtime to not less than: One and one half times the employee's regular rate of pay for all hours worked in excess of eight hours until including 12 hours in any workday, and for the first eight hours worked on the 7th consecutive day of work in a workweek.

Double the employee's regular rate of pay for hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight on the 7th consecutive day of work in a workweek. There are, however, a number of exemptions from the overtime law. An exemption implies that the overtime law doesn't apply to a particular classification of workers.


There are also a number of exceptions to the general overtime law mentioned above. An exception signifies that overtime is compensated to a particular classification of workers on a basis that differs from that stated previously. Overtime is based on the regular rate of pay, which is the compensation you typically earn for the work you perform.

The regular rate of pay includes a number of distinct kinds of remuneration, like hourly earnings, salary, piecework earnings, and commissions. In no case might the regular rate of pay is lower than the applicable minimum wage. Ordinarily, the hours for use in calculating the regular rate of pay might not exceed the legal maximum regular hours that, in most cases, will be eight hours a workday, 40 hours per workweek.


This maximum can also be impacted by the number of days one works in a workweek. It's very important to determine what maximum is lawful in each and every case. The alternate method of computing and scheduling overtime under most Industrial Welfare Commission Wage Orders, based on an alternative workweek schedule of four 10 hour days or 3 - 12 hour days doesn't affects the regular rate of pay, which in this case also will be calculated on the basis of 40 hours per workweek.

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