California Overtime Pay Laws - CA Labor Law - 2015
Overtime pay is additional pay granted to employees who have worked over a certain amount of hours in a given timeframe. Employers in California must adhere to both federal and state overtime regulations defining how much overtime must be paid, and which employees are entitled to overtime pay.
Non-exempt employees in California are entitled to overtime pay of 1.5 times their average hourly rate for every hour worked over 40 in a single week, as well as for every hour worked over a total of 8 in a single day. Based on the California minimum wage of $9.00 per hour, the minimum amount any California worker should receive as overtime pay is $13.50 per hour.
Some employees are exempt from overtime, and therefore can be asked to work more then 40 hours a week , or 8 hours a day, without receiving overtime pay. Some overtime-exempt jobs are specified in federal overtime law, such as most white collar jobs, while other exemptions are specific to California's state overtime laws.
California has extensive state overtime laws, with a variety of special cases and exemptions defined. California's overtime laws apply to any non-exempt worker over age 17, and provides overtime pay to anyone working over 8 hours in a single day or 40 hours in a single week. Special overtime provisions also require that workers be paid double their normal wages for any hours worked over 12 in a single day, or over 8 hours in their seventh day in a row of working. Additionally, all employees must be allowed at least ten hours off between each day of work.
Workers in the manufacturing, mercantile, housekeeping, transportation, and professional/technical industries are largely exempt from these overtime laws. Certain K-12 private school teachers are also exempt.
Special rules apply to professionals in both the computer and medical industries. Computer software employees are exempt from overtime requirements if they are paid at least $37.94 per hour, and licensed surgeons and physicians can only be exempt if they earn over $69.13 per hour. These wage cutoffs may be adjusted annually by the California Consumer Price Index for Urban Wage Earners and Clerical Workers.
An additional exemption concerns any employee covered under a collective bargaining (union) agreement that provides for alternate overtime compensation and a standard wage of 30% more then the state minimum wage, who are also generally exempt from California's overtime laws.
For non-exempt employees, the correct amount of overtime pay must be paid to the employee at the same time as the normal wages earned by the employee during that pay period.
California Overtime Calculator
To calculate your weekly overtime pay, enter your normal hourly wage and the weekly number of hours you worked into the CA overtime calculator. Your overtime pay will then be calculated and displayed.
Unpaid Overtime in California
If your employer has not paid you overtime and you believe you are entitled to overtime pay for the work you have done, there are steps you can take to ensure that you are paid what you deserve. First check California state overtime law as well as federal overtime exemptions to ensure that your occupation is not exempt from overtime, and ask your employer directly why you were not paid.
If you are sure that you are entitled to overtime that has not been paid and are unable to work out an agreement with your employer directly, your next step is to contact the California Department of Labor with an unpaid overtime claim form. You can contact the California Department of Labor office here:
Department of Industrial Relations
455 Golden Gate Avenue
San Francisco CA 94102
Tel. (866) 924-9757 (Worker Hotline)
Document Tags: CA Overtime, California Overtime Rule, CA Overtime Regulations, State of California Overtime Laws
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