When Am I Entitled To Overtime Pay?

In California, employers must pay nonexempt employees overtime rates when employees work over eight (8) hours in a workday or over forty (40) hours in a workweek.  Also, employers must pay nonexempt employees overtime rates when employees work a seventh consecutive day in a work week.  The overtime rates are as follows:

·      One and one-half (1 and ½) times an employee’s regular hourly pay rate for all hours worked exceeding eight (8) hours up to twelve (12) hours in a single workday.

·      One and one-half (1 and ½) times an employee’s regular hourly pay rate for all hours worked exceeding forty (40) hours in a workweek.

·      One and one-half (1 and ½) times an employee’s regular hourly pay rate for the first eight (8) hours worked on the seventh (7th) consecutive workday in a workweek.

·      Two (2) times or double an employee’s regular hourly pay rate for all hours worked exceeding twelve (12) hours in a single workday.

·      Two (2) times or double an employee’s regular hourly pay rate for all hours worked exceeding eight (8) hours on the seventh (7th) consecutive workday in a workweek. 

However, there are many exceptions to the general framework above including, but not limited to, employees who work under an elected regularly scheduled alternative workweek schedule, employees who are regulated by the United States Department of Transportation (e.g., certain truck drivers), and employees who do not exceed six (6) hours in any one workday or thirty (30) hours in a workweek when working seven (7) workdays in a workweek.   

(See Link: Labor Code Section 510; and Industrial Welfare Commission Wage Orders)