New Overtime Law - What You Need to Know in California

Not a “New” Overtime Law, but How Does Overtime Work in California?

In California, there isn’t a new overtime law – but in 2018, there are several overtime rules in place to protect workers.

Not a “New” Overtime Law, but How Does Overtime Work in California?

California overtime law says that non-exempt employees aged 18 or over, or minor employees who are 16 or 17 but aren’t required to attend school and aren’t prohibited from participating in the work, can’t be employed more than 8 hours in any workday or more than 40 hours in any workweek unless he or she gets paid 1.5 times the regular rate of pay. These things are covered under the Fair Labor Standards Act, as well.

Exempt vs. Non-Exempt Employees in California

Under California labor laws, most employers must pay overtime, provide meal and rest breaks, and follow other guidelines that protect workers. However, some workers are exempt from these protections. Generally, an employee is exempt if:

  • He or she is paid a salary that’s at least twice California’s minimum wage for full-time employment
  • He or she performs, for the most part, “white collar duties” such as administrative, executive or professional tasks
  • He or she performs job duties that involve the use of discretion and independent judgment

In cases like these, the person may be an exempt employee and might not be entitled to overtime protections or rest breaks.

However, there are several exceptions that can make someone a non-exempt employee. Making matters even more confusing, there are some employees who are partially exempt; that means they’re protected by some labor laws, but not all of them.

It’s important to note that even most exempt employees are entitled to an unpaid meal break lasting 30 minutes if they work more than 5 hours in one day, as well as an additional 30-minute meal break if they work more than 10 hours in one day.

Is Overtime After 8 Hours or 40 Hours?

As in many cases, California law goes farther to protect employees than federal law does. Federal law says that employers have to pay the overtime rate of 1.5 times the worker’s regular pay for each hour that goes over 40 hours in a workweek – but California law requires the same pay rate for any hours worked over 8 in one day.

Do You Get Overtime if You Work 7 Days in a Row?

In California, the law requires employers to pay overtime for the first 8 hours an employee works on the seventh consecutive day of work in one workweek.

When Do You Get Paid Double-Time in California?

Employers have to pay non-exempt employees twice their regular hourly rate if:

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

Do You Think Your Employer Failed to Pay You Appropriate Overtime Under California’s Newest Overtime Laws?

If you suspect your employer hasn’t paid you appropriately, you may want to talk to a Glendale employment lawyer who can help.

Call us at 818-805-6145 for a free case evaluation now. We may be able to help you get the compensation you deserve.

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