How Does Overtime Work in California?

California has some of the most employee-friendly overtime laws in the country, but workers may not be aware of all the benefits to which they are entitled under California labor laws.

If you are employed in California, and you perform overtime work in California, it’s important to understand your rights.

Who Is Entitled to Overtime in California?

Employees who are classified as “non-exempt” are eligible to receive overtime in California.

Non-exempt personnel perform hourly work, are typically not salaried, and do not use their independent judgment and discretion in the course of their duties. Those who do use their independent judgment and discretion in the course of their work are typically classified as exempt.

Some salaried employees are eligible for overtime unless they meet the requirements to be classified as exempt.

Overtime law has become more complicated since the onset of the coronavirus pandemic, as countless people across the country have been working from home. Some workers may have been wrongly denied overtime pay while working from home, or while otherwise affected by changes wrought by the pandemic.

Who Is Not Entitled to Overtime in California?

Certain employees are exempt from receiving overtime. Most exempt employees work as executives, as administrative staff or other professional positions and earn at least twice the minimum wage. With California’s minimum wage at $14 in 2021 for companies with 26 or more employees, the salary threshold for exempt workers is $58,240. Some cities and counties in California have an even higher minimum wage, such as $16.07/hour in San Francisco. (For comparison, the federal minimum wage is currently $7.25 an hour.)

The state labor code lists other exemptions from overtime work in California. One of these is for computer software engineers and others in creative professions, provided they are primarily engaged in tasks that are “intellectual or creative” and require “exercise of discretion and independent judgment.” This also includes consulting work, testing and providing documentation. Workers employed by state, county, or municipal governments are also exempt from certain provisions of the law.

Additional overtime exemptions include:

• Parents, children or spouses of the employer
• Participants in a national service program (example, AmeriCorps)
• Drivers whose hours are regulated by federal or state rules
• Workers covered by union agreements that cover working hours and conditions and whose regular hourly pay is at least 30 percent higher than the state minimum wage
• Student nurses in an accredited nursing program
• Cab drivers
• Crewmembers of a commercial fishing boat
• Projectionists working in a movie theater
• Professional actors
• News anchors, announcers, and engineers at small-town radio or TV stations
• Child care providers under the age of 18
• Domestic workers not covered by the Domestic Worker Bill of Rights

What Are the Pay Requirements for Overtime Work in California?

For every hour worked beyond eight hours in a single day, or beyond 40 hours in a single workweek, California law requires non-exempt employees to receive a rate of pay equal to 1.5 times the amount of the money they usually receive, according to the California Department of Industrial Relations. 

If a non-exempt employee works more than 12 hours in any workday, or more than eight hours on the seventh consecutive day in a workweek, the employee is to be paid double their usual amount. 

Overtime laws may differ depending on the type of employment. In 2019, the laws for overtime work in California changed and may now provide benefits to more people.

Capital Public Radio reports that as of 2019, California must pay overtime to farmworkers who work nine and a half hours in a day, or 55 hours a week. With more than 410,000 in farmworkers in California, more than any other state, this change in the law will impact hundreds of thousands of families, according to Student Action with Farmworkers. In the past, only farmworkers who worked 10 hours in a day, or 60 hours in a week, were eligible for overtime.  

What Are the Meal and Rest Break Requirements for Overtime Work in California?

Non-exempt employees are entitled to a 30-minute off-duty lunch break if they work more than five hours in a workday. They are also entitled to a 10-minute break for every four hours of work. Employees who work more than 10 consecutive hours are entitled to a second 30-minute meal break.

In most cases, employers may not require employees to perform tasks or be partially on-duty during legally required breaks, unless the employee agrees to such an arrangement. 

Penalties for Labor Code Violations

Employers who fail to pay all wages due in a timely manner can be liable for severe penalties in addition to back pay, or other compensation. Those who fail to provide mandatory rest and meal breaks must pay the employee one hour’s wage for every missed break. Employees who leave a job and are not given their final check within 72 hours may be entitled to a day’s wages for every additional day they wait, up to 30 days. Wage statement violations can result in a $50 fine for the first incident, and $100 per subsequent incident.

If you work in California and believe that your labor rights were violated—such as overtime, meal breaks, and more—you may be able to file a wage and hour lawsuit and pursue compensation. Filing a lawsuit can help you recover the compensation you’re owed, as well as hold the company responsible accountable for its actions.

Pursuing litigation can be a daunting prospect, so Top Class Actions has laid the groundwork or you by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential 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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