My employer does not pay overtime pay. What is the California law on overtime pay? Am I supposed to receive overtime on my commission also?

Overtime is based on a worker’s regular rate of pay, which means that the normal form of compensation after hourly earnings plus other types of compensation are considered. This includes commission, salary and piecework earnings.

Under California law, an employer must pay a non-exempt employee 1.5 times their regular rate of pay for every hour worked after their eighth consecutive hour in a single workday and over 40 hours in a work week. Double the regular rate of pay should be paid after the 12 hour of consecutive work in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek.

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