That long day at work just turned into a long night. You look at the clock and realize you have been on the job for over eight hours, again. It makes you wonder if you should be getting paid more for these extra hours.

Understanding the basics of the California overtime laws can feel confusing, but you are not alone in feeling this way. Many hard-working people in our state are not sure what their employee rights are.

They feel stuck, overworked, and underpaid because they do not know the rules. We are here to help clear things up, because knowing your rights under the California overtime laws helps you get paid what you have earned.

Table of Contents:

• What Exactly Are California's Overtime Rules?
• Who Qualifies for Overtime Pay in California?
  • Non-Exempt vs. Exempt Employees
  • Common Jobs That Are Often Misclassified
• Understanding California Overtime Laws on Pay Rates
  • When Does Time and a Half Apply?
  • When Do I Earn Double Time?
• What About California Overtime Laws and Salaried Employees?
  • Can Salaried Employees Get Overtime?
  • Calculating Your Regular Rate of Pay as a Salaried Employee
• Can My Employer Force Me to Work Overtime?
• What Should You Do If Your Employer Isn't Paying You Correctly?
  • Step 1: Document Everything
  • Step 2: File a Wage Claim
• Take Control of Your Paycheck

What Exactly Are California's Overtime Rules?

In many other states, overtime pay only starts after you work more than 40 hours in a week. But California is different. The state provides some of the strongest protections for workers in the country, which means the rules are more favorable to you.

The core of California's rules is daily overtime. Generally, you are entitled to overtime pay if you work more than eight hours in a single workday. You also get overtime for working more than 40 hours in a workweek, and for the first eight hours on the seventh consecutive day of a workweek.

To apply these rules, it's helpful to know the official definitions. A workday is any consecutive 24-hour period starting at the same time each day. A workweek is a fixed and regularly recurring period of 168 hours, which is seven consecutive 24-hour periods.

These rules are set by the California Department of Industrial Relations to protect workers from being exploited. They are not suggestions for employers; they are the law. An employer cannot just create their own policy that gives you less than what the law demands.

Who Qualifies for Overtime Pay in California?

This is where things can get a little tricky for some people. Not every single worker in California is eligible for overtime pay. The wage and hour laws separate employees into two main groups: non-exempt and exempt.

If you are a non-exempt employee, you are covered by overtime laws, meaning your employer must pay you overtime wages. Most hourly workers in California fall into this category. However, some salaried employees are also non-exempt, a point that causes frequent confusion.

The label your employer gives you does not matter as much as your actual job duties and how you are paid. Just because your title is "manager" or you get a salary does not mean you are automatically exempt. This common misclassification can lead to a great deal of unpaid overtime.

Non-Exempt vs. Exempt Employees

So what makes an employee exempt? To be properly classified as exempt from overtime, an employee must meet very specific criteria. California law presumes that all workers are non-exempt unless their employer can prove that they fit into a narrow exemption category.

The most common exemptions are for employees in executive, administrative, and professional roles. For these exemptions to apply, an employee's duties must primarily involve tasks associated with that exemption. This is known as the "duties test."

For example, the executive exemption requires an employee to manage the business, direct the work of at least two other employees, and have the authority to hire or fire. An administrative employee must perform office work directly related to management or general business operations and regularly exercise discretion and independent judgment. The professional exemption applies to licensed professionals like doctors and lawyers or certain creative professionals.

Besides the duties test, there is also a salary test. As of January 1, 2024, an exempt employee must earn a salary of at least $66,560 per year for employers of any size. If you do not meet both the salary and duties tests, you should be classified as non-exempt and paid for your overtime hours.

Common Jobs That Are Often Misclassified

Some employers misclassify their workers to avoid paying overtime, which is a frequent issue. This happens a lot in certain jobs where the lines between exempt and non-exempt duties are blurred. This worker misclassification can cost employees thousands in lost wages.

For instance, "assistant managers" in retail or food service are often misclassified. They might have a manager title but spend most of their time doing the same tasks as hourly employees, like running a cash register or stocking shelves. Because their main duties are not managerial, they should likely be receiving overtime pay.

Other commonly misclassified positions include certain IT support staff who primarily follow a script rather than exercise independent judgment. Inside sales representatives who do not earn more than half their compensation from commissions may also be non-exempt. Even some administrative assistants whose jobs do not include significant discretion can be subject to misclassification.

The rise of the gig economy has also created confusion, with many companies classifying workers as independent contractors to avoid overtime and other benefits. California law, however, uses a strict "ABC test" that makes it harder for employers to classify workers as contractors. If you are treated like an employee, you likely have the same employee rights to overtime.

Understanding California Overtime Laws on Pay Rates

Once you have figured out you are eligible for overtime, the next step is to understand how much you should be paid. It is not just your regular hourly rate. California requires employers to pay at higher rates for these extra hours you put in.

The state has two primary overtime rates: time and a half and double time. Which rate applies depends on exactly how many hours you have worked. The rules are structured to discourage employers from overworking their staff without proper compensation.

Knowing when each rate kicks in helps you check your pay stubs and see if you are being shortchanged. Let's look at the specific triggers for both of these rates.

When Does Time and a Half Apply?

Time and a half is the most common overtime rate. It means you earn 1.5 times your regular rate of pay for those extra hours. You have likely heard this term before, but do you know exactly when it applies in California?

According to the California Labor Commissioner's Office, you earn time and a half pay for:

• All hours worked over 8 in one workday.
• All hours worked over 40 in one workweek.
• The first 8 hours worked on the seventh consecutive day of a workweek.

It is important to remember that these are separate triggers. For example, if you work 10 hours on a Monday, you get 8 hours of regular pay and 2 hours of time-and-a-half pay. This is true even if you do not work more than 40 hours that week.

When Do I Earn Double Time?

Double time is even better for your wallet, but it is for those truly long days and weeks. As the name suggests, this is when you earn two times your regular rate of pay. It is reserved for extended periods of work within a single day or workweek.

You are owed double time pay under two specific conditions. The first is for all hours you work over 12 in any single workday. So, if you work a 14-hour shift, your 13th and 14th hours are paid at double your regular rate.

The second condition for double time pay is for all hours you work after the first 8 on your seventh consecutive day of work in a single workweek. That day of rest is important. The law heavily incentivizes your employer to give it to you.

Hours Worked	Pay Rate
Up to 8 in a workday	Regular Rate
Over 8 and up to 12 in a workday	1.5 x Regular Rate (Time and a Half)
Over 12 in a workday	2.0 x Regular Rate (Double Time)
Up to 40 in a workweek	Regular Rate
First 8 hours on 7th consecutive day	1.5 x Regular Rate (Time and a Half)
Over 8 hours on 7th consecutive day	2.0 x Regular Rate (Double Time)

What About California Overtime Laws and Salaried Employees?

One of the biggest myths is that salaried employees can never get overtime. This is simply not true in California. Just because you get a steady paycheck every couple of weeks does not mean your employer can work you 60 hours a week for free.

Your right to overtime is not determined by how you are paid, but by whether your job meets the strict exemption criteria we talked about earlier. Many salaried workers in California are actually non-exempt. They have been wrongfully denied overtime pay for years.

This is an area where employers often get it wrong, either by mistake or on purpose. So it pays to look closely at your situation if you are on a salary but working long hours regularly.

Can Salaried Employees Get Overtime?

Yes, absolutely. To figure out if you are owed overtime as a salaried employee, you have to look past the salary itself. Ask yourself two questions: Does my salary meet the minimum threshold? And do my job duties fit an exemption category?

As mentioned, the 2024 salary minimum for exempt employees is $66,560 per year. If you make less than this, you should be getting overtime, no matter your job title or duties. Even if you make more than that, your actual day-to-day tasks are what really matter.

If your job duties do not primarily involve high-level administrative, executive, or professional work as defined by law, you should be non-exempt. This means you should get paid time and a half or double time for your extra hours. This holds true even though you are on salary.

Calculating Your Regular Rate of Pay as a Salaried Employee

If you are a salaried, non-exempt employee, your employer must calculate your regular rate of pay to determine your overtime earnings. This is not just your annual salary divided by the number of hours you work. California law has a specific method for this calculation.

To find your regular rate of pay, your employer should first determine your weekly salary. Then, they divide that weekly salary by no more than 40 hours. The resulting number is your hourly regular rate of pay for overtime calculation purposes.

For example, if you earn a salary of $1,000 per week, your regular rate of pay is $25 per hour ($1000 / 40 hours). If you work 50 hours in a week, you are owed 40 hours at $25, plus 10 hours of overtime at $37.50 per hour (1.5 x $25). Calculating this correctly is vital for receiving all the wages you are due.

Can My Employer Force Me to Work Overtime?

This is a question many people have when their boss tells them they need to stay late. In most cases, the answer is yes, an employer can require you to work overtime. Employment in California is generally "at-will," which gives employers significant say over your work schedule.

An employer can make mandatory overtime a condition of your employment. They can even discipline or fire you for refusing to work scheduled overtime hours. This comes with a very important condition.

If they require you to work overtime, they are absolutely required to pay you the correct overtime rate. They cannot have it both ways. They cannot force you to work for free, and any retaliation for asking for your earned overtime pay is illegal.

What Should You Do If Your Employer Isn't Paying You Correctly?

Realizing you might be owed a lot of money in back pay can be overwhelming. You have powerful rights and there is a clear process to recover the money you earned. Taking action is the only way to fix the situation of unpaid overtime.

It is completely normal to feel nervous about confronting your employer. The good news is that the law protects you from retaliation. Your employer cannot legally fire, demote, or otherwise punish you for pursuing a wage claim.

Taking a few organized steps can make the process much smoother. It will help you build a strong case and show that you are serious about getting paid fairly.

Step 1: Document Everything

Good records are your best friend. Start keeping a personal log of the hours you work each day. Write down when you start, when you take your meal break, and when you clock out for the day.

Gather all of your pay stubs, your offer letter, and any employee handbooks you have. You should also save any emails, texts, or other written communications with your manager about your schedule, your hours, or your pay.

The more documentation you have, the easier it will be to prove your case. This information will be vital if you decide to file a formal complaint to claim your back pay.

Step 2: File a Wage Claim

If talking to your employer does not work or you do not feel safe doing so, your next move is to file a claim. You can do this with the California Labor Commissioner's Office, also known as the Division of Labor Standards Enforcement (DLSE). The Labor Commissioner is tasked with investigating these issues.

This state agency helps workers recover unpaid wages through a process that starts with filing a wage claim online, by mail, or in person. The process is accessible to workers without needing an overtime lawyer, although legal help can be beneficial. Be prepared with your documentation when you file.

Once you file with the DLSE, they will investigate your claim and may schedule a settlement conference. If a settlement cannot be reached, your case may proceed to a hearing where an officer makes a final decision. You generally have up to three years to file a claim for unpaid overtime, so do not wait too long.

In addition to back pay, an employer who willfully fails to pay wages may be liable for waiting time penalties. These penalties can equal up to 30 days of your average daily pay, adding a significant amount to your recovery. This serves as a strong incentive for employers to pay wages on time.

Take Control of Your Paycheck

Your time is valuable, and your work deserves to be paid correctly. The California overtime laws are in place to make that happen. Understanding who qualifies for overtime, what the pay rates are, and what to do if you are underpaid puts you in control of your financial future.

You worked hard for that money, and you have every right to claim it. Never forget that the law is on your side when it comes to fair pay.

Those who need a free case evaluation or representation can give us a call or engage with our chat for immediate assistance.