By Brigette Honaker  |  June 25, 2019

Category: Labor & Employment

A pastry chef decorates a cake.

Double time in California is paid under special circumstances, including if workers work more than 12 hours in a day.

When is Overtime Paid in California?

When an employee works excess hours, they may be entitled to overtime pay. Overtime wages are paid in California when an employee works more than 40 hours in a workweek. These wages are also paid when an employee works between 8 and 12 hours in a single day and for the first 8 hours of work on the seventh consecutive day of work.

When is Double Time Paid in California?

When employees work even more hours than is compensated under overtime, they may be paid double time in California. Double time is when an employee works more than 12 hours in a day or works over eight hours in a day on the seventh consecutive day of work.

How is Double Time Different from Overtime?

Overtime wages are paid at one and a half times a worker’s regular rate of pay. As the name implies, double time is paid at twice a worker’s regular rate of pay.

Who Is Entitled to Overtime and Double Time Pay?

In California, all workers who are 18 years or older are eligible for overtime pay or double time pay if they are not classified as “exempt”.

Exemption laws vary on a state and federal level. Generally, employers should comply with whichever regulations give the most benefits to workers. For example, if a worker is exempt under federal labor laws but non exempt under California labor laws, they will be considered nonexempt by their employer – entitling them to overtime and double time benefits.

According to the State of California’s Department of Industrial Relations, the following employees are exempt from overtime:

  • Executive employees (managers, salaried supervisors who earn more than two times the state minimum wage every month, etc.)
  • Administrative employees (office employees, school administrators, etc.)
  • Professional employees (lawyers, doctors, dentists, optometrists, architects, engineers, teachers, accountants, etc.)
  • State employees
  • Outside salespersons
  • Computer software employees who are paid on an hourly basis
  • Individuals who work for their parent, spouse, or child
  • Individuals in national programs such as AmeriCorps
  • Certain drivers
  • Taxi cab drivers
  • Employees who make over one and a half times minimum wage, over half of which represents commissions
  • Airline employees in certain conditions
  • Carnival ride operators
  • Cred members on a commercial fishing boat
  • Professional actors
  • Motion picture projectionist
  • Personal attendants
  • Babysitters
  • And more.

Many of the exemptions for overtime depend on a worker’s job duties and their income levels. When in doubt, speaking to your company’s HR professional can help you determine whether or not you are eligible for overtime.

An employee who is nominally exempt but is expected to do the work of non-exempt employees may be entitled to overtime wages. If you believe that you are eligible for overtime but are not receiving those benefits, you may be able to file a wage and hour lawsuit against your employer. An experienced California labor attorney can help evaluate your case and determine if you are owed unpaid wages and other compensation.

Join a Free California Wage & Hour Class Action Lawsuit Investigation

If you were forced to work off the clock or without overtime pay within the past 3 years in California, you have rights – and you don’t have to take on the company alone.

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