California has by far the strictest labor laws in the country. I receive many calls from clients asking what exactly constitutes overtime wages and if they are entitled to receive them. What overtime wages are, by definition, is pretty straight forward. However, whether employees are entitled to them is usually a much more complex issue dealing with whether the employee is classified as exempt or non-exempt.
In California, overtime wages are all hours worked over 8 hours in any workday AND are also all hours worked over 40 hours worked in a workweek. California Labor Code ยง510 states that eight hours of labor constitutes a day's work, and employment beyond eight hours in any workday or more that six days in any workweek is permissible provided the employee is compensated for the overtime at the following rates:
- One and one-half times the employee's regular rate of pay for all hours worked in excess of eight hours up to and including 12 hours in any workday, and for the first eight hours worked on the seventh consecutive day of work in a workweek;
- and Double the employee's regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight on the seventh consecutive day or work in a workweek.
RELATED RESOURCES
California Labor Code
Division of Labor Standards Enforcement (DLSE)
