Most workers in California feel drained after a typical 40-hour work week. When asked to work overtime, many employees do it reluctantly and expect some extra pay for the extra hours. California law guarantees overtime pay for all non-exempt employees. However, some workers who work extra hours a week don’t see any extra money in their paychecks. You should know you can report employers who don’t pay overtime. The law also protects you from retaliation when they take action.
If you haven’t received overtime pay or other benefits you deserve, Stop Unpaid Wages is here to help you get justice. We know California labor laws well and can help you file claims against your employers to get the overtime pay and wages you’re owed. Call us for your free initial consultation.
Overview of Overtime Laws in California
California overtime laws refer to the laws that govern the extra pay for employees who work more than a set number of hours in a day or week. In California, these laws help ensure employees get paid fairly for their extra work and encourage employers to manage their staff well.
The California Department of Industrial Relations is one of the key agencies responsible for ensuring workers in the state are paid fairly. They have a summary of the overtime compensation rules for most employees on their website.
Under the DIR labor laws:
- If you work for more than eight hours but less than twelve hours in a day, you should get paid 1.5 times your regular hourly rate for the hours you work from nine to twelve
- If you work over twelve hours, you should get paid double your regular hourly rate
- If you work for more than forty hours a week, you should earn 1.5 times your usual hourly rate
- If you work a seventh day in a row, you should receive 1.5 times your normal hourly rate for the first eight hours, and double your regular rate for any hours beyond that on the same day
For people with different work schedules, like those in healthcare, overtime pay might work differently. For example, if you have a four-day, ten-hour schedule, you might not get overtime unless you work over ten hours in one day. You could earn time and a half for hours worked beyond your scheduled time, up to eight hours.
Calculating Your Overtime
The “regular rate of pay” is the usual pay you earn for work. It includes different types of earnings like hourly wages, piecework earnings, salary, and commissions. It can never be less than the minimum wage.
Usually, the hours used to calculate your regular pay can’t exceed the legal limit, typically 8 hours a day and 40 hours a week. This limit can change depending on how many days you work a week. It’s essential to determine the legal maximum for your situation.
If you’re following a different schedule, like working four 10-hour days or three 12-hour days, it doesn’t change your regular pay rate, which is still based on a 40-hour week.
You should use the agreed regular hours if they exceed the legal maximum. For instance, if you work between 32 and 38 hours a week and agree on an average of 35 hours, that’s what you’ll use to figure out your regular pay rate. However, if you work less than 40 hours a week, you won’t get overtime pay unless you work more than 8 hours a day or 40 hours a week.
So, if your job allows for a 35-hour workweek, your employer doesn’t have to pay overtime until you hit over 8 hours in a day or 40 in a week. If you work more than 35 but less than 40 hours a week, you’ll get paid for those extra hours at your regular rate unless you go over 8 hours a day or 40 hours a week.
Here’s how to figure out your regular pay rate:
- If you get paid by the hour, your regular pay rate includes your hourly wage plus things like shift differentials and any extra pay you’ve earned
If you earn a salary, here’s how to calculate your regular rate:
- Multiply your monthly pay by 12 to find your annual salary
- Divide that annual salary by 52 to get your weekly salary
- Then, divide your weekly salary by 40 (the maximum regular hours) to find your hourly rate
If the piece or commission pays you, you can use one of these methods to find your regular pay rate for overtime:
Use your piece or commission rate as your regular rate, and you’ll get paid one and a half times that rate for the first four overtime hours in a workday, and double time for any hours over 12 in a workday.
Or, add up your weekly earnings (including overtime), then divide that by the total hours worked in the week. For each overtime hour, you earn an extra half of your regular rate for time and a half, and the full rate for double time hours.
A group rate for pieceworkers is a good way to determine the regular pay rate. To use this method, you take the total number of pieces made by the group and divide it by the number of people in the group, paying each person accordingly. You find each worker’s regular rate by dividing their pay by work hours. The regular rate can’t be less than the minimum wage.
If you earn two or more rates from the same employer weekly, your regular rate is the “weighted average.” You get this by dividing your total earnings for the week, including overtime, by the total hours you worked, including overtime.
Eligibility for Overtime in California
In California, the overtime rules apply to non-exempt workers under the Industrial Welfare Commission (IWC) regulations.
These include people who are 18 years old or those who are 16 or 17 years old and can work legally.
If non-exempt employees work over eight hours daily, they get paid 1.5 times their regular pay for every hour after eight. The regular pay is what they usually earn plus some extra amounts, like bonuses. If they work more than 12 hours a day, they earn double their regular pay for the hours beyond eight.
For example, employees who work 10 hours one day get paid for two hours of overtime. If they work five hours a day for six days and then 10 hours on the seventh day, they earn 8 hours of overtime at 1.5 times their regular pay and 2 hours at double their regular pay.
If non-exempt employees work 40 hours a week, they earn 1.5 times their regular pay for any hours over 40. If they work seven days straight, they get double their regular pay for hours over eight that day.
So, employees who work 54 hours a week should receive 14 hours of overtime at 1.5 times their regular pay.
Nonexempt employees can be either hourly or salaried. But remember that many salaried workers, like those in executive, professional, and administrative roles, don’t qualify for overtime. To determine an hourly employee’s regular pay, you add their hourly rate plus any shift differential for work outside normal hours.
Employees Exempt From Overtime Pay
Some workers don’t get overtime or have different rules for overtime pay:
Exempt Employees
California’s overtime laws don’t apply to exempt employees. To be identified as an exempt employee, workers usually need to:
- Have a “white collar” job with administrative, professional, or executive tasks that require independent judgment; and
- Earn a fixed salary instead of an hourly wage, which must be no less than twice the state’s minimum pay rate for full-time employment (40 hours a week). For 2025, the minimum exempt salary for businesses is $68,640 per year (or $1,320 per week)
Hourly exempt workers still need to be paid for any extra hours. But unless their job agreement says otherwise, their overtime pay won’t be more than their usual pay.
Outside Salespeople
In California, outside salespeople don’t get overtime pay if they meet these three conditions:
- They are at least 18 years old
- They spend more than half of their work time away from their employer’s business
- They sell contracts, services, items, or facility usage
Unionized Employees Under a Collective Bargaining Agreement
Unionized employees in California don’t get overtime pay if their collective bargaining agreement covers:
- Work hours, conditions, and wages
- A regular hourly wage that’s 30% or more above California’s minimum wage
- Overtime wage rates
If the collective bargaining agreement doesn’t meet these three conditions, unionized employees are considered “non-exempt” and can get overtime pay according to California wage and hour laws.
Independent Contractors
Independent contractors in California don’t get overtime pay. An independent contractor is someone who:
- Does a job under a contract that states they’ll deliver a specific result for a set payment
- Controls how they achieve that result
Independent contractors are becoming more common in the gig economy.
Employees With an “Alternative Workweek Schedule”
In California, workers with an “alternative workweek schedule” don’t have to follow the usual overtime laws. This schedule is a written agreement between a group of employees and their employer that allows them to work up to ten hours a day without getting overtime pay. To make this schedule valid, at least two-thirds of the affected employees must approve it through a secret ballot. The employer must report this schedule to the Division of Labor Standards Enforcement within 30 days.
Certain Healthcare Industry Workers
Healthcare employees under alternative workweek agreements, according to Wage Orders 4 and 5, earn time-and-a-half overtime for shifts longer than 10 hours but no more than 12 hours in a 40-hour workweek or for working over 40 hours in a week. They get double-time pay for working more than 40 hours. Healthcare workers living on-site can choose a 14-day work period instead of a weekly one. They earn time-and-a-half overtime for working over eight hours daily and over 80 hours in the 14-day period. They get double-time pay if they work more than 12 hours a day.
24-Hour Childcare Workers
According to Wage Order 5, live-in nannies make time-and-a-half for any hours over 40 a week. They earn double time if they work more than:
- 16 hours in one shift
- 48 hours in a week
Live-In Household Workers
Under Wage Order 15, live-in employees get time-and-a-half for hours worked during their off-duty or on the sixth and seventh days of the week. They earn double time if they work more than nine hours on those days.
Non-Live-In Household Workers
According to Wage Order 15, non-live-in household workers don’t get overtime on their seventh consecutive workday if:
- They work 30 hours or fewer in total for the week
- They work six hours or less a day
Ambulance Teams On 24-Hour Shifts
Under Wage Orders 5 and 9, ambulance teams on 24-hour shifts don’t get overtime if they have a written contract that excludes up to:
- Three one-hour meal breaks
- One eight-hour sleep period from their daily hours
Certain Resident Managers
According to Wage Order 5, resident managers at small old-age facilities with fewer than eight beds don’t get daily overtime. However, they should receive time-and-a-half overtime for working over 40 hours or six days a week, even in emergencies.
Personal Attendants At Nonprofits
Under Wage Order 5, personal attendants at nonprofit organizations earn time-and-a-half for any hours over 40 or for working more than six days a week, even in emergencies.
Camp counselors
According to Wage Order 5, camp counselors don’t get daily overtime but must earn time-and-a-half for:
- Working over 54 hours a week or
- Working more than six days a week.
These apply even in emergencies.
Ski Resort Workers
According to Wage Order 10, ski resort employees can work up to 48 hours a week during the ski season without getting overtime. If they work more than 10 hours a day or over 48 hours a week, they earn time-and-a-half for the extra hours.
Minors
Minors covered by Wage Order 12 get time-and-a-half overtime pay if they work on their sixth straight workday. This rule doesn’t apply to 16- or 17-year-olds who aren’t legally required to attend school.
Extras
Under Wage Order 12, extras in films and TV shows earn time-and-a-half for the ninth and tenth hour of work in a day. If they work more than 10 hours daily, they get double-time pay, calculated in tenths of an hour.
Farm Workers
According to Wage Order 14, employers with 25 or fewer workers must pay farm workers (like sheep herders and irrigators) overtime after nine hours a day or 50 hours a week. Starting in 2025, regular overtime rules will apply to them. Regular overtime rules apply to farm workers at companies with 26 or more employees.
Misclassification of Exempt Workers
Workers fall into two categories: non-exempt and exempt. This classification matters for federal and California wage and hour laws. Exempt workers don’t get the same protections as non-exempt workers, who have those rights.
In California, employees are considered non-exempt if they do non-exempt tasks for their company. They also need to spend more than 50% of their time on these tasks, regardless of their job title. Exempt workers usually get a yearly salary, while non-exempt workers earn hourly wages.
For example, if your work involves making drinks and cooking burgers for over half of your time, you’ll be classified as non-exempt, even if your title is “manager.” This rule applies even if you’re paid a salary instead of an hourly wage. If you’re a non-exempt worker, you should receive overtime pay and regular breaks for rest and meals.
Unfortunately, some employers incorrectly label workers as exempt without proper justification, breaking labor laws. For example, to be exempt under the executive exemption, you must supervise at least two employees regularly and have a say in firing, hiring, or disciplinary measures. Often, employers will grant someone a supervisory position and pay them their salary, hoping this makes them exempt.
Usually, in situations like this, the supervisor mainly leads but doesn’t have much power. They often do the same work as their team. That can lead to misclassification. The supervisor might be owed a lot of unpaid overtime. There can also be similar issues with professional and administrative exemptions.
In California, workers can file claims against their employers for breaking labor laws. Many successful wage and hour lawsuits happen because employers misclassify workers, fail to pay overtime, or violate equal pay laws.
If you’re wrongly labeled as exempt, your employer might owe you for unpaid overtime. They could also owe you one hour’s pay for each missed meal break. If your employer violates the Equal Pay Act, they might have to pay you for your lost wages, plus interest, attorney fees, and extra damages.
If your employer retaliates against you for reporting violations of the Equal Pay Act by cutting your pay, hours, or firing you, you can seek damages. You might get reimbursed and reinstated for lost work and wages due to your employer’s actions. You could also recover interest and other appropriate relief.
If you’ve been misclassified as exempt and lost out on overtime pay,
Can Your Boss Make You Work Overtime?
Many people wonder about this when their employer asks them to stay for more hours. Generally, yes, your employer can ask you to keep working overtime. In California, most jobs are “at-will,” meaning employers have much control over your working hours.
Your boss can make working overtime a part of your job. If you refuse to work the extra hours, they can discipline you or even let you go. But there’s an important rule here. They must reimburse you the right overtime rate if they ask you to work overtime. They can’t pressure you to perform tasks for free; if you ask for the overtime pay you deserve, they can’t retaliate against you.
What You Should Do When Your Boss Isn’t Paying You Overtime
If your employer withholds your overtime wages, taking legal action is a good way to resolve these issues. It’s natural to feel anxious about talking to your boss. Fortunately, California labor laws protect you from any backlash. Your employer can’t legally dismiss, demote, or shame you for filing a wage lawsuit.
By taking certain steps, you can make this process a lot easier. They will assist you in building a solid case and demonstrating that you’re concerned about receiving what you’re owed.
Keep Track of Your Work Hours
Good records really help. Keep a personal log that'll track the hours you work every day. Note when you begin, when you have breaks, and when you check out.
Collect your offer letter, pay stubs, and any handbooks you have. Also, save your texts, emails, or written messages from your employer about your work schedule, pay, or hours. The more records you gather, the simpler it will be to support your case. This record will be super important if you file a legal complaint for back pay.
Submit a Wage Suit
If talking to your boss doesn’t work or you feel uncomfortable doing it, your next step is to submit a legal suit. You could do this at the Labor Commissioner’s Office, the Division of Labor Standards Enforcement. They investigate these issues.
The DLSE helps workers get back unpaid wages. You don’t need a lawyer for this process, but having legal assistance can be useful. Make sure to have your documentation ready when filing.
When you file a claim with the Commissioner’s office, they’ll look into it and might set up a settlement meeting. If you can’t settle, your case could go to a formal meeting where the officer will make the final call. You usually have up to 3 years to submit a lawsuit for inadequately compensated overtime, so don’t take too long to do it.
If your employer doesn’t pay wages on purpose, they might also have to pay waiting time fees. These penalties could add up to thirty days’ worth of your average daily pay, which can boost your recovery. That is a big reason employers must ensure they pay without delay.
Take Charge of Your Wages
Your work time is important, and your hard work deserves fair pay. California’s overtime rules are here to help you with that. Knowing who is eligible for overtime pay, what the rates amount to, and what steps to take if you’re underpaid makes you in control of your finances.
You earned that pay and have the right to go after it.
Find a Worker’s Compensation Attorney Near Me
In California, non-exempt employees have the right to overtime pay. Generally, if you perform job duties for more than eight hours a day or forty hours a week, you should receive one and a half times your regular pay. If you work over twelve hours a day, your pay could double. Some exceptions exist, so if you think you deserve overtime pay, it’s best to talk to a qualified attorney.
If you’re in California and feel you’ve been unfairly denied your overtime pay, Stop Unpaid Wages is here to help. We’re ready to assist you in filing a lawsuit and providing top-notch legal representation to get you the compensation you deserve. Call us today at 424-781-8411.
