Overtime

In California, most non-exempt employees are eligible for overtime as follows:

1. Working more than 8 hours in a single workday.
2. Working more than 40 hours in a single workweek.
3. Working seven days in a single workweek.

Most non-exempt employees are also entitled to “double time” as follows:

1. Working more than 12 hours in a single workday.
2. Working more than 8 hours on the seventh day of work in a single workweek.

In California, overtime pay is 1.5 times an employee’s regular rate of pay.  Double time is 2 times an employee’s regular rate of pay.

Regular overtime (1.5x your regular rate) applies to:

• Hours 8-12 in a workday
• Hours 40-48 in a workweek
• First 8 hours on 7th consecutive workday

Double time (2x your regular rate) applies to:

• Hours beyond 12 in a workday
• Hours beyond 8 on 7th consecutive workday

Your Regular Rate Includes:

• Base hourly rate
• Non-discretionary bonuses
• Commissions
• Piece rate earnings
• Shift differentials
• Non-overtime premiums
• Production bonuses
• Value of meals and lodging provided

Employers often violate overtime laws by:

• Misclassifying employees as “exempt”
• Paying “salary” to avoid overtime
• Not including bonuses in overtime calculations
• Averaging hours across two weeks
• Making employees work off-the-clock
• Not paying for preparation or cleanup time
• Requiring “voluntary” extra work
• Banking hours or offering “comp time”
• Not counting travel time between work sites
• Misclassifying workers as independent contractors

While most non-exempt employees are eligible for overtime pay, there are a number of exemptions from the overtime law. If you fall into one of the categories below, you may not need be eligible for overtime pay.

• “White collar” workers employed in a professional, executive, administrative, or computer software capacity who meet the salary and duties test (see below for more information on salary and duties test).
• Employees who are in a union and covered by a valid collective bargaining agreement that provides an hourly rate at least 30% more than the minimum wage and “premium” wage rates for overtime work.
• Truck drivers whose hours are are regulated by the DOT’S hours of service.
• Outside sales persons who customarily and regularly work more than half the working time away from the employer’s place of  business  selling items or obtaining orders for products or services.
• Additional exemptions.

Whether an employee fits into one of these categories is extremely complex. If you have a question as to whether you should be non-exempt and thus owed overtime contact one of our employment attorneys.

One way employers try to avoid overtime is to misclassify non-exempt employees as exempt and pay them a salary. But just because your employer labels you an “exempt” employee, does not mean you are one. You can only be legally classified as an “exempt” employee in California if:

1. you spend the majority of your time doing exempt work, and
2. you are paid an annual salary that is at least twice the state minimum wage.

For example, if you are working at an employer with 26 or more employees, you would have to earn at least  $49,920 in 2019,  $54,080 in 2020,  $58,240 in 2021,  $62,400  in 2022 and  $64,480 in 2023 to meet this threshold requirement.

If you are not being paid a salary that is at least twice the California  minimum wage, you cannot be lawfully classified as an exempt employee. You may be entitled to overtime pay, even if your employer labels you as  exempt.

You might be misclassified if:

• You spend most time on non-management tasks
• You have little decision-making authority
• Your work is closely supervised
• You must follow strict guidelines
• You’re paid less than the minimum salary
• Your primary duties are manual or routine
• You don’t supervise other employees
• You can’t make independent decisions

Some workplaces have approved alternative schedules:

• Must be properly adopted by secret ballot
• Still requires overtime beyond 10 hours
• Must follow strict implementation rules
• Cannot be imposed unilaterally
• Must be registered with state authorities

Overtime violations often occur in:

• Retail and sales
• Restaurants and hospitality
• Construction and trades
• Healthcare and medical
• Technology and IT
• Banking and financial services
• Manufacturing and production
• Transportation and logistics
• Customer service and call centers

Yes, your employer must pay you for your overtime hours, regardless of whether the overtime was authorized in advance.

What You Can Recover?

• All unpaid overtime wages
• Interest on unpaid wages
• Waiting time penalties if you’ve left the job
• Liquidated damages
• Wage statement penalties
• Attorney’s fees and costs
• Up to four years of back overtime

Employers often wrongly claim:

• “You’re paid salary, so no overtime”
• “You agreed to work extra hours”
• “We don’t authorize overtime”
• “Everyone works extra hours”
• “You’re a manager/supervisor”
• “You can take time off instead”

None of these excuses eliminate your right to overtime pay.

Your employer cannot:

• Fire you for claiming overtime
• Reduce your hours for asking about overtime
• Discriminate against those who file claims
• Pressure you to work off-the-clock
• Retaliate for discussing overtime rights

Courts have clarified that:

• Regular rate must include all non-discretionary payments
• Employers must maintain accurate overtime records
• Rounding of time records often violates overtime laws
• On-call time may qualify for overtime
• Remote work time counts for overtime

To protect your overtime rights:

• Keep your own records of hours worked
• Note start and end times each day
• Document meal breaks taken
• Save any communications about extra hours
• Track all work performed outside normal hours
• Note any pressure to work off-the-clock

Don’t wait to assert your rights:

• Three years for basic overtime claims
• Four years under unfair business practices
• Prompt action ensures better record preservation
• Longer delays may limit recovery

If you’re working overtime without proper pay:

• Call (760) 942-9114 for a free consultation
• All communications are completely confidential
• No fees unless we recover money for you
• Spanish-speaking staff available

Let our experienced employment lawyers fight for your overtime rights. We’ve helped thousands of California workers recover millions in unpaid overtime. Representing workers throughout California. Se habla Español.