Law Office of Jeffrey D. Fulton

How is overtime paid in California?

When it comes to getting paid for the work you do, one thing you may wonder about is overtime. California has its own set law about how employers must pay overtime. It is important to understand the law so you can ensure you are paid properly. 

The Department of Industrial Relations overtime pay rules apply to nonexempt employees who are over the age of 18 or 16- and 17-year-old employees who are not required to attend school. Overtime must be paid for any work over eight hours in one day or 40 hours in one week. This is regardless of whether the hours were scheduled or approved. 

There are exemptions to this law. Some types of employees do not qualify for overtime pay under the same law. Overtime is also only paid for hours worked. If you take vacation time or sick time that pushed your hours above the limits, this does not count. The hours must actually be worked. 

The pay is one and a half times your normal pay rate for over eight hours in one day or over 40 hours a week. If you work more than 12 hours in one day or seven consecutive days in a week, you are paid double your rate for the hours over those limits. Pay rates are based on what you normally earn per hour. This may require calculation if you are paid a salary or earn a commission. This information is for education only and is not intended to be taken as legal advice. 

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