2010) 598 F.3d 1217, 1228⁠–⁠1229 [time spent changing into police uniform not compensable if officer has option of changing at home] with Steiner v. Mitchell (1956) 350 U.S. 247, 256 [76 S.Ct. Ministry of Labour, Training and Skills Development. The overtime period in California begins when an employee works 8 hours per day or 40 hours per week. 510. But if the employee works more than 12 hours in a day or more than 8 hours on days outside the regularly-scheduled workdays, the overtime rate is double the employee’s regular rate.⁠73, Overtime “Pyramiding” Is Generally Not Allowed, As mentioned above, the general rule is that any work performed that exceeds eight hours in a day or 40 hours in a workweek must be paid at an overtime rate.⁠74. 8, §§ 11010⁠–⁠11170, subds. Labor Code 515 LC — Exemptions [from wage/hour laws]. So, according to the California overtime law, employers need to pay employees 1.5 times their regular hourly rates after 8 hours of work per day on weekdays and Saturdays.. Overtime rates are based on the employee’s regular rate of pay.⁠47 Computing an employee’s regular rate depends on how the employee is compensated. Employers in California must adhere to both federal and state overtime regulations defining how much overtime must be paid, and which employees are entitled to overtime pay. California overtime law. Because overtime laws serve important goals, California courts interpret them liberally in favor of protecting employees.⁠6 So when there are ambiguities about an overtime law, the courts will generally resolve them in the employee’s favor. . The calculation is straightforward for non-exempt employees paid only an hourly wage. Certain types of advanced practice nurses are exempt as professional employees. To properly compute overtime on a flat sum bonus, the bonus must be divided by the maximum legal regular hours worked in the bonus-earning period, not by the total hours worked in the bonus-earning period. This website and its content are not intended to be relied on as legal advice, and should not be relied on as such. Please use the search for legal help tool to find a legal aid organization or self help center near you for accurate information and more support. 8, §§ 11010⁠–⁠11170, subds. 8, § 11150, subd. (“(a) The Industrial Welfare Commission may establish exemptions from the requirement that an overtime rate of compensation be paid pursuant to Sections 510 and 511 for executive, administrative, and professional employees, if the employee is primarily engaged in the duties that meet the test of the exemption, customarily and … The purpose of the conference is to determine the validity of the claim, and to see if the claim can be resolved without a hearing. Multiply the monthly remuneration by 12 (months) to get the annual salary. The regular rate is a term used to mean the employee's actual rate of pay once all hourly earnings plus many other types of compensation are considered, such as commissions, bonuses and piece rates. After the hearing, an Order, Decision, or Award (ODA) of the Labor Commissioner will be served on the parties. By doing so, you agree to recieve written "solicitations" or other marketing materials from our firm within the meaning of that rule. Location: Home > Employment Standards > Employment Standards. It should not be relied on as legal advice. It is not guaranteed that work on night shifts and other nontraditional schedules will be paid an extra shift differential bonus. California labor law is on your side. Divide the weekly salary by the number of legal maximum regular hours (40) to get the regular hourly rate. Consequently, you may either try to collect the judgment yourself or you can request it to be assigned to DLSE. Under California meal break law (which is much more generous to employees than federal labor law), if you are a non-exempt worker, you are entitled to a 30-minute uninterrupted, duty-free meal break if you work more than 5 hours in a workday. Divide the annual salary by 52 (weeks) to get the weekly salary. California overtime law is the law that governs wages and hours of all the non-exempt employees working in the state of California. 90. ) If an employee is paid by the hour and receives no other compensation, the hourly rate of pay is the employee’s regular rate.⁠48, The regular rate of a nonexempt salaried employee who regularly works 40 hours per week is computed by dividing the weekly salary by 40.⁠49 Thus, a nonexempt employee’s salary only compensates them for regular, non-overtime hours.⁠50, The regular rate can be more difficult to compute under other circumstances⁠—⁠particularly when an employee receives more than one form of compensation. Call Us Toll Free! )↥, Morillion v. Royal Packing Co. (2000) 22 Cal.4th 575, 582.↥, 29 U.S.C. In California, the general overtime provisions are that a nonexempt employee 18 years of age or older, or any minor employee 16 or 17 years of age who is not required by law to attend school and is not otherwise prohibited by law from engaging in the subject work, shall not be employed more than eight hours in any workday or more than 40 hours in any workweek unless he or she receives one and one-half times his or her regular rate of pay for all hours worked over eight hours in any workday and over 40 hours in the workweek (or double time as specified below). v. Superior Court of Kern County (1980) 27 Cal.3d 690, 702 [“[I]n light of the remedial nature of the legislative enactments authorizing the regulation of wages, hours and working conditions for the protection and benefit of employees, the statutory provisions are to be liberally construed with an eye to promoting such protection.”]; Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal. The employee works or is permitted to work, The employee is subject to the control of an employer.⁠. Employees who have to work 7 days per week are also entitled to overtime on Sundays. Occupations to which special overtimes rules apply include: Employees don’t need to be residents of California to receive the protection of California’s overtime laws.⁠36 In fact, California employees are protected even if they do not have legal residence or work privileges (“green card” status) in the United States.⁠37, It is unsettled, however, whether out-of-state workers that briefly work in California for less than day at a time are entitled to the protection of California’s overtime laws.⁠38. Additionally, under most circumstances the employer may discipline an employee, up to and including termination, if the employee refuses to work scheduled overtime. UELG - CA Labor LAws. ‘Workweek’ is a fixed and regularly recurring period of 168 hours, seven consecutive 24-hour periods.”].↥, Seymore v. Metson Marine, Inc. (2011) 194 Cal.App.4th 361, 368 [“Section 500 undoubtedly affords an employer significant flexibility in the designation of a workweek.”], disapproved on other grounds by Mendiola v. CPS Security Solutions, Inc. (2015) 60 Cal. The regular rate is not always simply an employee's normal hourly amount. An "exception" means that overtime is paid to a certain classification of employees on a basis that differs from that stated above. If an hour of employment would otherwise be compensable at a rate of more than one and one-half times the employee’s regular rate of compensation, then the employee may receive compensating time off commensurate with the higher rate.”].↥, Cal. It is equally important for employees to understand their right to overtime so they can collect all the wages they’ve earned. Code of Regs., tit. In addition to the 40 hour rule discussed above, workers who work more than eight hours in a workday must be paid at the rate of one and one-half times (1.5X) their regular rate of pay.This law is spelled out in Labor Code § 510 and the Wage Orders.. Federal law allows the amount of unpaid overtime to be doubled as a penalty for a failure to pay overtime.⁠109 California law does not allow double damages, but does include a late payment penalty under some circumstances.⁠110. any wages of an employee who is discharged or who quits, the wages of the employee shall continue as a penalty from the due date thereof at the same rate until paid or until an action therefor is commenced; but the wages shall not continue for more than 30 days.”].↥. If the employee works more than 12 hours in a single day, they are to paid at least two times their normal rate for those hours. Foodliner, Inc. (9th Cir. (a) [“‘Workday’ and ‘day’ mean any consecutive 24-hour period commencing at the same time each calendar day.”].↥, Labor Code, § 500, subd. The timetable created by Assembly Bill 1066 in 2016 gradually changes overtime rules in order to align California Wage Order 14 overtime to be paid on the same basis as most other industries. Attorneys; Labor Law A to Z ; Wrongful Termination; Wage & Hour; Discrimination; Workers’ Comp; Locations; Call us 24/7 (877) 746-6447. 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