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
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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.
