Understanding California Overtime Laws and Overtime Pay

By Cathy Asbun
 
The State of California states that unless you are an exempt employee, or covered by any other provisions, employees must receive overtime pay for any hours worked over 8 hours in a day or over 40 in a workweek at a rate not less than time and one-half their regular rates of pay. 
In addition, hours worked over 12 in a day or hours over 8 worked on the 7th consecutive day in a week are paid at 2 times an employee’s regular rate of pay.

Below are some common questions we receive from our clients:

Question:  Is there a limit on how many hours an employee can work per week?
Answer: There is no limit on the number of hours’ employees may work in any workweek. 

Question:  We work ten hour shifts four days a week. Do I need to pay the daily overtime?
Answer: If your company has instituted a bona fide alternate work week in which you normally work 10 hour days, 4 days a week the overtime would accumulate after 10 hours rather than 8, but still after 40 hours in a work week. This alternate workweek must meet certain formalities and cannot be done on a person by person basis.

Question:  If I do not work on Monday but get paid, vacation, sick time or holiday pay and work the rest of the week including Saturday, do I get overtime pay for Saturday?
Answer: No, the law does not require employers to pay overtime unless the employee has performed “ACTUAL WORK” in excess of 8 hours in a day or 40 hours in a week.

Question:  If employees work more than eight hours on Saturday do I need to pay them overtime?
Answer: Yes, anytime you work more than eight hours in a day (unless you are on a modified schedule) or 40 hours in a week you must pay overtime.
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If you require assistance understanding overtime laws or any other matter related to your business, please contact us at info@dsahrsolutions.com or (707) 361-5385.

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