In California, non-exempt employees are entitled to overtime pay when they work more than eight hours in a day, more than 40 hours in a workweek, or on the seventh consecutive day of work in a workweek. The overtime rate is 1.5 times the employee's regular rate of pay. For any hours worked over 12 hours in a day, the rate is double the regular rate of pay.
There are some limitations to this rule, such as for certain types of jobs, including farm workers, domestic workers, and employees who receive commission payments. Additionally, some employees may be exempt from overtime pay if they meet certain criteria, such as executive, administrative, or professional employees who receive a salary and exercise discretion and independent judgment in their work.
Employers are required to keep accurate records of their employees' time worked, including start and end times, meal breaks, and any overtime worked. Employees who believe they have been denied overtime pay can file a complaint with the California Labor Commissioner or file a lawsuit in court.
It is highly recommended that employers seek the advice of an experienced employment law attorney before making any decisions regarding overtime pay for their employees. Additionally, employees who believe they are entitled to overtime pay but are not receiving it should consult with an attorney to discuss their legal options.
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