The following information relates to “non-exempt” employees. Under both California and federal law all “non-exempt” employees must be paid overtime. There are many laws that determine whether an employee is classified as “exempt” or not. This can be a complex question and it is advisable to consult with an employment attorney for a free consultation to discuss your individual circumstances.
California law provides for overtime calculated on a daily basis as well as a weekly basis. Generally speaking, California employees are entitled to overtime for:
(1) Any work carried out in excess of 8 hours in one workday,
(2) Any work carried out in excess of 40 hours in any one workweek, and
(3) Any work carried out during the first 8 hours worked on the 7th consecutive workday in the same workweek.
In these situations, workers must be paid one and one-half times (x1.5) their regular rate of pay: If your regular rate of pay is $10 per hour, you would be entitled to receive an overtime premium rate of $15 per hour during this time period.
Workers that work over 12 hours in one workday and more than eight (8) hours on the 7th consecutive workday in a work week must be paid a rate of no less than two times (x2) their regular rate of pay: If your regular rate of pay is $10 per hour, you would be entitled to receive an overtime premium rate of $20 per hour during this time period.
Up to 8 hours work = regular rate;
Between 8 hours and 12 hours work = one and a half (x1.5) times regular rate; and
Over 12 hours work = double (x2) regular rate.
For example, let’s assume you are paid $10 per hour and you worked for thirteen (13) hours in a workday without any meal break. The first eight (8) hours would be paid at your regular rate of $10 per hour. The next four (4) hours of work carried out would be paid at one and a half times (x1.5) your regular rate of pay, therefore you would received fifteen ($15) dollars per hour for this time. The final one (1) hour of work carried out would be paid at two times (x2) your regular rate of pay which would be twenty ($20) dollars per hour.
8 hours x $10 = $80
4 hours x $15 = $60
1 hours x $20 = $20
TOTAL = $160
Unless workers have a contractual agreement to the contrary, neither California law nor Federal law requires employers to pay a premium for hours worked on weekends or holidays. Therefore, if your boss agreed to pay you more for working weekends or holidays, but didn’t pay you what he owes you, you should contact a California Employment Attorney as soon as possible, and make sure you can recover everything that is owed to you. The Byrne Law Group provides detailed information regarding Unpaid Overtime Los Angeles & Rest Break and Meal Break Violations.