Introduction
California labor laws are renowned for their robust protection of employee rights, including those associated with overtime pay. Given that overtime is a common element of many workers’ employment, understanding the laws that govern such pay is crucial. This article outlines the various California overtime labor laws applicable to employees, including the legal requirements employers must satisfy.
What is Overtime?
Overtime pay refers to any extra payment made to an employee for working beyond their usual working hours. In California, any work exceeding eight hours a day or forty hours a week is considered overtime work. California overtime laws require employers to pay eligible employees at least one-and-a-half times their regular pay rate for any hours worked over the legal threshold.
Who is Eligible for Overtime Pay in California?
California overtime laws apply to most employees, regardless of their job titles. However, there are exceptions to this rule, including:
1. Employees Classified as Exempt
Exempt employees are employees excluded from the overtime requirements of the federal Fair Labor Standards Act (FLSA) and the California Labor Code. These types of employees include executive, administrative, and professional employees, also referred to as “white-collar” employees. A minimum salary requirement is also a prerequisite for employees to qualify as exempt.
2. Independent Contractors
Independent contractors are not entitled to overtime pay, as they are considered self-employed individuals.
3. Certain other categories
Certain categories of employees, such as outside salespersons, may not have to comply with overtime laws. However, they’re still covered by other employment laws.
California Labor Laws Applicable to Overtime
To ensure companies don’t have to pay for overtime pay in California, employers must understand the legal requirements written in federal law and by the State of California, including:
1. Fair Labor Standards Act (FLSA)
The Fair Labor Standards Act (FLSA) is a federal labour law that outlines minimum wage, overtime pay, and recordkeeping requirements for all employees working in the private and public sectors. FLSA mandates that employees working more than forty hours per week or six days in a week are entitled to overtime wages at no fewer than one-and-a-half times their regular rates.
2. The California Labor Code
The California Labor Code provides additional protection and benefits to Californian workers. Although the state law generally follows FLSA guidelines, California overtime requirements for employees are more strict than the federal benchmark. The major differences in California labor laws are the daily and weekly overtime pay requirements.
Daily Overtime Policy
California overtime laws require companies to pay daily overtime to non-exempt employees who work beyond eight hours in one day. For hours worked in excess of eight hours per day or more than forty hours per week, eligible employees are entitled to one-and-a-half times their hourly wage rate (at a minimum). Employees who work more than twelve hours in one day must be paid double their regular hourly wage rate for the additional hours.
Weekly Overtime Policy
California overtime laws require companies to pay weekly overtime to non-exempt employees for hours worked beyond forty hours per week.
Can California Employees Refuse Overtime?
California law allows employees to refuse overtime assignments. If an employee refuses overtime, their employer cannot retaliate or discriminate against them in any way. However, refusing to work overtime may subject the employee to disfavorability and possibly affect promotions.
How to File a Wage Claim for Overtime
If an employee feels that they’ve been denied overtime compensation or hasn’t been adequately paid for overtime work, they can file a wage claim with the Division of Labor Standards Enforcement (DLSE) of the California Department of Labor Standards Enforcement (DLSE).
The DLSE is tasked with managing wage claims from employees and conducting investigations to determine wage and hour compliance. Employees are required to complete and submit the DLSE’s Request for Employee’s Claim form, which includes details of the expected unpaid overtime hours and pay.
Penalties for Failure to Pay Overtime
California Labour laws impose severe penalties on an employer who fails to pay overtime compensation. Employers risk incurring hefty civil penalties, including interest and attorney’s fees, or paying restitution for unpaid wages. An employer found in violation of California overtime laws may also face legal action, including class action lawsuits.
Conclusion
Overtime pay is a fundamental right that eligible employees are entitled to under California Labor laws. Employers must comply with these essential laws to avoid penalties, investigations, and potential legal action. Eligible employees who believe their employers have denied them their overtime compensation should consult with an employment lawyer or file a wage claim with the DLSE to protect their rights. Knowing the legal requirements and rights as both an employer and employee in California overtime laws are paramount in avoiding misunderstandings and avoiding legal action that could lead to inadequate compensation, legal fees, and civil penalties.
Quick Guide to California Overtime Laws
California Overtime Laws
One of the greatest resources for information for California overtime law is the following website listed under the California Department of Industrial Relations:
Here you can find information that supplements all information located within this article. If you believe your employer is not following California overtime law—even if you have worked unauthorized hours—you can file a wage claim. If you file a wage claim, you should take the following steps to receive your overtime pay:
1. File the claim with your local office of the Division of Labor Standards Enforcement, which will be assigned to the Deputy Labor Commissioner who will determine if there is an issue or not.
2. If there is a conference scheduled, each party will be notified of the date, time, and place of the conference. If the claim is not resolved, the matter will enter a hearing or be dismissed for a lack of evidence.
3. The court will hear testimony from all parties and make a decision and order an award. The employer has the ability to appeal the decision under California overtime laws, but the court’s decisions always favor the employee.
In accordance to California overtime laws, an employer can force an employee to work overtime as long as the employee was notified of this possibility within the interview and receives overtime pay for the mandatory overtime. If an employee refuses to work, they may face punishment or termination from their employer.
California Overtime Law and Calculating Overtime Pay
California labor laws specify that overtime must be handled in several different ways, but as always, there are certain exemptions to the rates of pay listed below:
1. An employee is usually paid one and one-half times for hours worked in a workday between more than 8 hours and up to 12 hours, or for the first eight hours worked on the seventh consecutive day of the workweek.
2. An employee is usually paid double their regular pay rate according to California overtime law when they have worked more than 12 hours in one day or for hours worked above eight hours on the 7th consecutive day in the workweek.
Additionally, California overtime law usually calculates overtime different ways according to the type of compensation the employee receives:
1. Salary- monthly pay X 12 / annual salary / maximum about of regular hours under California overtime law
2. Commission- the piece of commission rate is usually used as the regular rate, and you are paid one and one-half for overtime hours and double time for more than 8 hours. Then calculate total earnings for the workweek / total hours worked during the workweek
California overtime laws treat every day the same. California overtime law does not give preference to any day of the week or any hours worked on a holiday. Therefore, no overtime pay is required during the holidays or weekends. However, even though no California overtime law states that an employer needs to pay their employee more during the holiday, most employers need to offer such incentive to motivate their employees to work.
For more information on holidays and California overtime laws, visit the following website.
