Calif. Overtime Laws: What Employees Should Know

In the state of California, any nonexempt employee aged 18 years or older (or a 16 or 17 year old minor who is not required to attend school and who is not legally prohibited in engaging in work) is entitled to overtime pay in Calif. if either of the following two conditions are met:

• The nonexempt employee worked more than eight hours in a single workday
• The nonexempt employee worked more than 40 hours in a single workweek

Working beyond eight hours a day or 40 hours in a workweek is permitted; however, employees must be compensated with overtime pay as part of the wage and hour law. Minimum overtime pay is calculated and paid at one and a half times the employee’s regular rate of pay:

• After 8 hours have been worked and up to 12 hours in a day
• For the first 8 hours worked on a seventh consecutive work day within a workweek

Overtime is paid at twice the employee’s regular rate of pay after 12 hours have been worked in a workday, and for every hour after the first 8 hours worked on a seventh consecutive work day within a workweek

These overtime laws, as previously stated, only apply to nonexempt employees. There are a number of exempt classifications of employees. Some of these California overtime exemptions include (but are not limited to) employees working in the broad categories below:

• Executive, administrative and professional employees
• State, city, and county employees
• Computer software field employees paid hourly (but are considered a “professional” employee)
• Outside salespersons
• Relatives of the employer
• Minor babysitters employed in a home
• Drivers, taxi drivers and airline employees
• Employees covered by a collective bargaining agreement
• Personal attendants

Less Commonly Known Facts about Overtime in California

People who earn a salary and do not get paid hourly may be eligible for overtime pay. The employer must prove that you meet one of the listed exemptions to be considered an exempt employee. Individuals may check with their employer to better understand their exemption status and the employer’s justification for that status.

Some “Professional” workers, such as insurance agents, information technology professionals, field service engineers and stock brokers may be nonexempt employees and entitled to overtime pay. Additionally, supervising subordinates does not automatically qualify you as an executive who is exempt. Some workers who are a “project manager” or “team lead” and who perform more than half of their time doing the same work as those they supervise may actually be nonexempt employees.

“Comp time” or compensatory time should not be used in exchange for overtime work. If an employee works eight additional overtime hours in a week, for example, they should receive additional pay for 12 hours (8 hours * 1.5 times the rate = 12 hours). If the employer gives an hour-for-hour time off that includes only the eight hours worked, the employee is essentially being shortchanged four hours.

Travel time can be considered as paid time (commute time is not included). Travel to a second work place after arriving at your first place of business is considered “on the clock,” as is out of town travel. This applies to travel outside of the workday on evenings and weekends.

Sometimes employers in California do not fully understand the employment laws related to overtime pay. Other times, employers have been known to take advantage of their employees illegally and willfully choose not to follow the law.

California Unpaid Overtime Lawsuit Information

If you are a nonexempt employee and believe you were not paid overtime in accordance with California overtime laws, you may be entitled to compensation for the unpaid hours you worked. Experienced Calif. labor law attorneys can help you determine if you are eligible to file a California wage and hour lawsuit to reclaim your lost wages.

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