Start your case with an experienced Los Angeles Employment Attorney now.

Call (310) 504-1490

t

What is overtime in California? Does an employer have to pay me overtime and how much should they pay me?

Overtime in California refers to the time worked by a non-exempt worker that is over eight hours in a workday or more than 40 hours in a workweek. Under California law, a nonexempt employee may work more than 8 hours and up to 12 hours in a single workday, and more than 40 hours or more than 6 consecutive days in a workweek only if they are paid one and a half times their regular rate of pay per overtime hour worked. If a nonexempt employee works more than 12 hours on a workday or more than eight hours on the seventh consecutive workday, they must be paid double their regular rate of pay for all excess hours worked.

For example, if you are paid $10 per hour, your overtime pay would be $15 per hour, or $20 per hour if you worked more than 12 hours in one day or more than eight on the seventh consecutive day. The overtime rate of pay for workers who are paid a salary, by the piece, or commission can also be determined by calculating the rate of pay per hour.

California overtime provisions apply to nonexempt employees 18 years or older, or any 16- or 17 -year-old employee who is not required by law to attend school and not prohibited by law to engage in work. There are certain exceptions set forth under California law, depending on the type of work. For more information on these exceptions, you can visit the Department of Industrial Relations website at: https://goo.gl/Gwsm4H. Employees under “exempt” employment classification may be exempt from overtime law. This generally includes administrators, executives and managers, among others. However, it is important to note that employees may be misclassified as “exempt,” when they are in fact non-exempt. To learn more about misclassification visit the “Top 5 employee wage abuses” blog post.

Other Employment Law FAQs:

five stars

Betsy Havens and the team at Strong Advocates are the nicest and most professional lawyers I have ever dealt with. They truly cared about my case and put in hours above and beyond what was called for. She kept me in the loop on all the legal proceedings and took the time explain to me in clear terms what this process was going to look like.

Frank W.

Throughout the process, Betsy Havens was very understanding and compassionate, and made the difficult circumstances I was dealing with a bit easier to cope with.

Diana C.

Strong Advocates is very professional and knowledgeable. Betsy Havens listened and was very compassionate. She cares and is realistic in what can and cannot be done. She is tenacious and committed to resolve your case in a timely manner.

Helga A.

Strong Advocates truly takes an interest in their clients. Betsy Havens and her staff are knowledgeable and professional. Betsy made me feel heard. She is very thorough, detail oriented and determined.

Susi A.

I honestly was at lost about my case or if i even had a case. but coming to strong advocates was a good thing for me they helped me out so much in understanding the paper work process, which they did everything. they are amazing very professional.

Jessica S.

She helped me understand all of my options and gave me advice whenever I needed it. She was very patient and explained everything in a way that was easy to understand. She went above and beyond to help me during a tough time in my life, and I am so thankful for that!

Matthew L.

Strong Advocates truly takes an interest in their clients. Betsy Havens and her staff are knowledgeable and professional. Betsy made me feel heard. She is very thorough, detail oriented and determined.

Rebecca A.

My experience with Betsy Havens was beyond pleasant. She is highly talented and compassionate towards others. She never gave up on me. Betsy changed my life for the better, and I would recommend her to anyone and everyone.

Adriana G.

Get Your Free Analysis & Strategy


Use our confidential, secure form to tell us what happened. We are here to help.