JUSTICE FOR WORKERS

BLOG

Overtime Pay: Do I Qualify for Overtime Pay? | Justice for Workers

by | Oct 17, 2023 | English Blog

Most non-exempt hourly workers in California are entitled to overtime pay when they work over a certain number of hours in a workday or a workweek. The rules below provide a broad guideline for calculating overtime wages. 

When am I entitled to overtime pay at the rate of time and a half (1.5 times) my regular hourly rate?

You are entitled to one-half (1.5) times your regular hourly rate when you work more than 8 hours per day or 40 hours per week. Specifically, when you work between 8 hours and 12 hours per workday, your hourly rate at all time between the eighth (8th) and twelfth(12th) work hour should be paid at the rate of one-half (1.5) times your regular hourly rate. Also, when you work seven (7) consecutive days, you should receive overtime pay at the rate of one-half (1.5) times your regular hourly rate for the first eight (8) hours of work on the seventh (7th) consecutive workday.

♦ Example 1: Your regular hourly rate is $20.00/hour. You work ten (10) hours on Monday and eight (8) hours each day from Tuesday to Friday → For this workweek, you should receive forty (40) hours of regular pay at the rate of $20.00/hour AND two (2) hours of overtime pay at the rate of $30.00/hour.

♦ Example 2: Your regular hourly rate is $20.00/hour. You work seven (7) hours each day from Monday to Saturday for a total of forty-two (42) hours → For this workweek, you still should receive forty (40) hours of regular pay at the rate of $20.00/hour AND two (2) hours of overtime pay at the rate of $30.00/hour even though you work fewer than eight (8) hours each day.

♦ Example 3: Your regular hourly rate is $20.00/hour. You work four (4) hours each day from Monday to Sunday for a total of twenty-eight (28) hours → For this workweek, you still should receive twenty-four (24) hours of regular pay at the rate of $20.00/hour AND four (4) hours of overtime pay at the rate of $30.00/hour even though you work fewer than eight (8) hours each day.

When am I entitled to overtime pay at the rate of double (2 times) my regular hourly rate?

You are entitled to twice (2 times) your regular hourly rate when you work more than 12 hours per day. Also, when you work seven consecutive days, you should receive overtime pay at the rate of twice (2 times) your regular hourly rate for the work hours after the first eight (8) hours of work on the seventh (7th) consecutive workday.

♦ Example 1: Your regular hourly rate is $20.00/hour. You work thirteen (13) hours on Monday and eight (8) hours each day from Tuesday to Friday → For this workweek, you should receive forty (40) hours of regular pay at the rate of $20.00/hour AND four (4) hours of overtime pay at the rate of $30.00/hour AND one (1) hour of overtime pay at the rate of $40.00/hour.

♦ Example 2: Your regular hourly rate is $20.00/hour. You work four (4) hours each day from Monday to Saturday and ten (10) hours on Sunday for a total of thirty-four (34) hours → For this workweek, you should receive twenty-four (24) hours of regular pay at the rate of $20.00/hour AND eight (8) hours of overtime pay at the rate of $30.00/hour AND two (2) hour of overtime pay at the rate of $40.00/hour.

A reference chart for readers who are visual learners

Overtime Pay in California

Time Worked Overtime Rate
More than 8 hours/day Time and a Half
More than 12 hours/day Double Time
From the first (1st) to eighth (8th) work hour on the seventh (7th) consecutive day of work Time and a Half
More than 8 hours on the seventh (7th) consecutive day of work Double Time

Please note that the general rule above is applicable to most but not all circumstances (such as when a worker has an alternate workweek schedule or when the worker is a truck driver who drives certain routes, among other instances). You should always consult a law firm that specializes in employment law for your specific situation. 

JUSTICE FOR WORKERS, P.C. is a plaintiff-side law firm that specializes in employment law and workers’ compensation (work injuries). We have offices in Los Angeles and Orange County. Call us at (323) 922-2000 for a consultation. Consultation is FREE. And if we take your case, you do NOT have to pay us anything until we recover compensation for you.

 

A Brief Overview of California Workplace Harassment Law | Justice for Workers

A BRIEF SUMMARY OF WHAT CONSTITUTES WORKPLACE HARASSMENT  In California, illegal workplace harassment (also called “Hostile Work Environment”) occurs when an individual directs negative, inappropriate, or unwelcome behavior towards an employee based on specific...

Misclassification of Exempt (Salaried) Employees in California | Justice for Workers

Overview: Misclassification of Exempt Employees In California, employees can be exempt or non-exempt. As per the DIR (Department of Industrial Relations), the main difference between the two classifications revolves around federal and state labor laws specifically...

Workplace Harassment IS Legal UNLESS Motivated by an Illegal Reason | Justice for Workers

In California, physical threats and physical assaults within the workplace are illegal and prohibited. Nowadays, a majority of cases do not entail such illegal and criminal behavior. Instead, most instances of workplace harassment manifest in verbal, written, or...

How Do I Know If I Have Been Misclassified in California? | Justice for Workers

There are many signs of misclassification to look out for if you are/have been an employee in California. The requirements for being an exempt employee are clearly described below. What’s more, a California Labor Law attorney can carefully assess your case if you...

Misclassification of Exempt Employees in California FAQs | Justice for Workers

1. I have been misclassified by my employer. What should I do? From the above information, it is possible to know if your employer has misclassified you as an exempt employee when you are non-exempt. The ABC test can also help you establish if you are really an...

Recent Posts:

0 Comments