How Much is Overtime Pay?

California overtime rules generally require an employer to pay:

Overtime at a time and one-half rate:

· For hours worked in excess of eight hours in a workday,
· For the first eight hours of work on the seventh consecutive day of work in the same workweek; and/or
· Hours in excess of 40 regular hours in a workweek.

Overtime at double the regular rate is required:

· For hours worked in excess of 12 hours in a workday; or
· In excess of eight hours on the seventh consecutive day of work in the same workweek.

California Labor Code section 500(a) defines “workday” as any consecutive 24-hour period beginning at the same time each calendar day. The 24-hour period must be consistent and unchanged, but may begin at any hour of the day.

California Labor Code section 500(b) defines “workweek” as any seven (7) consecutive days starting with the same calendar day each week. A workweek is a fixed and regularly recurring period of 168 hours, seven consecutive 24-hour periods.

There are exceptions to the general overtime rules. For example agricultural work has different overtime requirements and many truck drivers are not required to be paid overtime. In the event an employer has a valid alternative workweek, different overtime requirements apply.

If you have questions regarding overtime in your particular circumstances, please contact one of our attorneys.