California Overtime Law
California State Labor Laws Concerning Overtime & Doubletime (Double-time) are Stringent
In January of 2000, new overtime regulations went into effect for the state of California.
Hourly workers working more than 8 hours in a work day must be paid mandatory overtime pay for all
hours over 8 hours. Additionally, workers working more than 12 hours in a workday must be paid double time.
Workers working 7 days straight in a single work week must be paid overtime for their first 8 hours on
the 7th day, and double time after 8 hours.
The total number of hours worked in a single workday reset at the beginning of the workday, which is
typically midnight. The total number of hours worked in a single workweek reset at the start of the
first workday of a new workweek. Vacation, sick, holiday, and other "unworked" hours do not count toward
daily or weekly overtime thresholds.
Additinally, overtime and double time hours do not "pyramid", meaning
that any hours worked at overtime or double time rates do not count toward the US Federal FLSA overtime
threshold of 40 hours.
There are exceptions
to these California overtime laws.
California Division of Labor Standards Enforcement can assess penalties.
Employers failing to observe these new regulations can be assessed penalties by the "DLSE"
in the amount of $50 per unpaid worker for each pay period the worker wasn't paid correctly.
A complaint by a single employee can trigger a full review of an employer's records, potentially
resulting in penalties if any employee pay calculations are out of compliance.
Exceptions to California Labor Laws
There are only two exceptions to these overtime pay requirements. A worker working under a
collective bargaining agreement that provides for some overtime pay, and specifies that the
worker will receive at least 30% above the state minimum wage.
The second exception is where employers implement an "alternative workweek schedule", and
such a schedule receives approval of two/thirds of their workforce. This allows employees to
work four day shifts of up to 10 hours without receiving overtime, so long as the total hours
don't go over 40 hours.
Labor Law Terms and Definitions
|Overtime Pay Rate
||A rate of pay calculated at 1.5 times an employee's hourly regular rate of pay.
|Double Time Pay Rate
||A rate of pay calculated at 2.0 times an employee's hourly regular rate of page
|Workday or Work Day
||A 24 hour period, typically starting at midnight.
||A seven day, 168 hour period of time.
By Alfred Heyman. Google+.
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