When Do Workers Get Double Time in California?

There are a number of circumstances under federal and state law in which workers are entitled to double time in California. Employers who fail to follow these laws are liable for damages in addition to back wages and interest. Here are answers to questions that workers affected by the law often ask.

Why are there Overtime Laws?

Nationwide, overtime regulations are governed by the federal Fair Labor Standards Act of 1938 (FSLA). When President Franklin D. Roosevelt signed the bill into law, he considered it “…the most far-reaching, the most farsighted program for the benefit of workers ever adopted here or in any other country.”

In 2015, President Barack Obama announced his plan to increase the overtime threshold by over 100 percent, extending overtime protections to almost 5 million additional American workers.

Overtime laws in the US and elsewhere do a number of things:

• Discourage employers from subjecting workers to excessively long hours
• Encourage employers to hire additional workers
• Preserve the health, safety and productivity of workers

Some industries may voluntarily pay overtime in the face of impending labor shortages; however, in most cases, employers must be forced to do so. Many violators attempt to skirt the law by misclassifying employees, or simply disregard the rules in hopes that workers will be unaware of their rights.

Is Double Time in California the Same as Overtime?

The simple answer is, yes. However, double pay kicks in only under certain circumstances. That said, under both California and federal statutes, an employee must be paid time-and-a-half, or 150 percent of his or her regular wage, for all time spent on the job in excess of 40 hours per week.

There are certain exemptions for workers in high-paid, white collar professions outside and/or commissioned salespeople, professional drivers and movie projectionists.

What About Working More Than 8 Hours a Day?

This is where California law differs from federal statutes. Workers in the Golden State must be paid time-and-a-half for all hours worked beyond a standard 8-hour shift, even if their total hours for the week are less than 40. So, if you normally make $20 an hour during an 8-hour shift and are called upon to stay 3 additional hours, you must be paid $30 an hour for that extra time.

If a worker is required to be on the job more than six consecutive days, he or she must also receive time -and-a-half for the entire shift starting on the seventh day.

When am I Entitled to Double Time in California?

There are two situations under which California employers are required to pay non-exempt workers. One of these is when a shift is 12 hours or longer. Hours 9-11 are to be paid at 150 percent of the workers regular rate; however, starting at hour 12, the worker’s pay must be double.

Therefore, a worker getting $20 an hour from 9 AM to 5 PM must receive $30 an hour from 6 PM until 9 PM, after which his or her pay goes to $40 an hour.

Double time in California also kicks in after 8 hours on the seventh consecutive work day.

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