Do employers have to pay for overtime in California?

Yes. California employers must pay eligible employees for overtime hours worked, even if the hours weren’t authorized. The rate must be 1.5 times the employee’s normal wage and, in some cases, double the normal wage when hours worked go beyond a certain limit.

Overtime Pay Required in California

California’s Labor Code – LAB § 510 guarantees overtime pay for qualifying workers in our state.

California’s Department of Industrial Relations (L&I) posts guidelines for regular overtime pay and double overtime pay.

The state sees 8 hours and a 40-hour workweek as appropriate for normal wages.

Eight hours of labor constitutes a day’s work, and employment beyond eight hours in any workday or more than six days in any workweek requires the employee to be compensated for the overtime at not less than:

• One and one-half times the employee’s regular rate of pay for all hours worked in excess of eight hours up to and including 12 hours in any workday, and for the first eight hours worked on the seventh consecutive day of work in a workweek; and
• Double the employee’s regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek.

Agricultural workers used to have to follow separate overtime rules, but now they are paid in accordance with most other workers using the 8/40 rule.

The L&I explains how some professions are subject to different overtime laws.

Workers in the healthcare field, like ambulance drivers and nurses, can be covered under a different set of overtime rules.

Camp counselors and workers who are directly responsible for children receiving 24-hour residential care also have their own version of overtime rules.

Are Salaried Workers in California Eligible for Overtime?

In some cases. Salaried employees who aren’t exempt from overtime pay under the California Labor Code, Industrial Welfare Commission Wage Orders, or state or federal laws must be paid overtime wages.

What If I Worked Overtime, but It Wasn’t Authorized by a Manager?

California companies are still required to reimburse your qualifying overtime hours, even if your employer didn’t authorize the additional time.

You cannot purposely try to conceal the fact that you are working over your normal work schedule. But employers are required to keep up with all your work hours. As long as they knew or should have known that your duties were taking you beyond standard hours, they must pay you for any work you perform.

Keep in mind that employers are allowed to discipline you in accordance with a company’s terms of employment if you break the company’s overtime policy.

Contact a California Overtime Lawyer Today

If your employer isn’t fully reimbursing you for your overtime, you have legal rights that need to be protected.

At Ferraro Vega Employment Lawyers, we’re here to help you make sure you get paid for your hard work. We take up the fight until you receive what you are owed. We help victims of wage loss in San Diego, Los Angeles, Fresno, San Francisco, and across all of California.

At the same time, we safeguard your job security and shield you from any retaliation from employers. Our legal team knows the city, state, and U.S. labor laws and will work hard to hold your employer accountable. Don’t wait–contact us today for a free consultation.