4 Things To Know About Overtime Laws in CA

Pay and overtime issues November 28th, 2023
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Like other states, California has specific laws about benefits that workers can receive if they work overtime. However, California is unique in that it offers some more extensive benefits compared to other states. Below is some information that every worker should know about their overtime rights while working in the Golden State.

1. Overtime Rates and Triggering Hours

Overtime should include payment of 1.5 times a worker’s normal hourly rate. In most cases, overtime will apply when:

  • The employee works more than 8 hours in a single workday
  • The employee works more than 40 hours in a single workweek
  • The employee works seven consecutive days in a single workweek

Some overtime rates include double time rather than time-and-a-half. Double time is available when:

  • The employee works more than 12 hours in a single workday
  • The employee works more than 8 hours on the seventh day of a workweek

Not all workers can receive overtime. For instance, the worker must be an employee and not a 1099 independent contractor. In addition, some special rules and limitations apply to agricultural workers, domestic workers and unionized workers.

2. Lunch Breaks Do Not Count to Calculate Overtime

Employment laws require employers to provide lunch breaks after an employee works a certain number of hours. Those lunch break times do not count toward calculating working hours to qualify for overtime. For instance, if you work from 8:00 am to 5:00 pm but you get 1 hour lunch, you have only worked 8 hours and would not be entitled to overtime for that day.

3. Several Industries Have Exceptions to Overtime Rules

While overtime is the general rule, there are many industries and types of workers that are not entitled to overtime. For example, independent contractors are not entitled to overtime. Those who have alternative workweek schedules are often subject to different overtime rules.

Other examples of workers who may not be entitled to overtime or have adjusted overtime wage laws include:

  • Camp counselors
  • Certain healthcare workers
  • Resident managers for homes and live-in employees
  • Ambulance drivers and attendants

Even if your employer tells you that you are not entitled to overtime, or your overtime rules are different than others, it may be a good idea to talk to an employment lawyer about your rights. Sometimes, employers do not understand the law or deliberately give workers misinformation to avoid paying overtime wages.

4. You May Have a Legal Claim if Overtime Laws Are Violated

Workers who are not paid proper overtime may be entitled to monetary damages. These include things like back pay and attorney fees. State and federal civil penalties might also be imposed against the employer as well.

Contact D.Law to Learn More About Overtime Laws

As a law firm specializing in employment law, D.Law can help workers know and understand the overtime laws that affect them in their specific jobs and industries. We can also help workers assert their rights if overtime laws are violated. But you should not wait to take action. Contact us to learn more or request a consultation.

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