The basic right to overtime pay begins with federal law. Hourly and non-exempt salaried workers in every state have the right to receive overtime wages when they work more than 40 hours per work week.
California enforces the basic federal overtime rule while also substantially expanding on it. There are two additional scenarios in which certain California employees may be eligible for overtime pay when workers in other states might not receive overtime wages.
What constitutes overtime in California?
In addition to requiring overtime pay when employees work more than a standard work week, California also requires overtime pay when workers must stay on the clock for extended periods.
Most hourly and non-exempt salaried workers are eligible for overtime pay if they have to work more than eight hours per shift. For those who work more than 12 hours per shift, the overtime wages they receive may increase from 150% of their usual hourly rate to 200% of their standard hourly pay.
California also treats working seven days in a row without a day off as overtime. Generally speaking, any time worked on the seventh consecutive day is eligible for overtime pay rates regardless of the length of the shift or the total number of hours worked that week.
Realizing that a company may not have complied with California wage laws can help workers assert themselves. Hourly and non-exempt salaried employees may need to take legal action to secure the overtime wages that they have already earned. Workers preparing to negotiate with employers or take legal action may need support as they seek their unpaid overtime wages, and that’s okay.