Mandatory Overtime in California – 3 Times When It Is Required

If you are a non-exempt employee in California, you must receive overtime pay (OT) for exceeding certain thresholds of “hours worked.” Specifically, your employer owes you overtime in the following three circumstances:

1. Time-and-a-half pay when you work more than 8 hours in a workday or more than 40 hours in a workweek;
2. Double-time pay when you work more than 12 hours in a workday; and
3. If you work 7 days straight in a workweek, time-and-a-half pay for the first 8 hours and double-time pay for any additional hours.¹

Note that on-call time is usually counted as “hours worked.” Depending on your job, travel time may count as “hours worked.”

Also note that if you work a split shift (two separate shifts with a large unpaid gap in between), you are entitled to an extra hour of pay at minimum wage, not at an overtime rate.

Keep reading to learn more about when you are entitled to overtime compensation in California and related topics.

Your Regular Rate of Pay

If you are an hourly worker in California, your base regular rate of pay is your hourly wage.² If you are a salaried worker, the regular rate of pay is calculated by:

1. multiplying your monthly pay by 12 to get your yearly salary; and then
2. dividing your yearly salary by 52 to get your weekly remuneration; and then
3. dividing your weekly remuneration by the maximum number of hours that can be worked at regular pay – often 40.³

If you are a piece worker or commission-based worker who earns income by your productivity, the regular rate of pay is often the total earnings for a week, divided by the number of hours worked.⁴

Your regular rate of pay – also called “straight time pay” – serves as the baseline for your overtime payments.

What else is included in your regular rate of pay

In addition to your wages, other forms of remuneration added to your regular rate of pay include:⁵

• piece rates,
• non-discretionary production bonuses,
• housing benefits,
• meals, and
• any goods or facilities received by you.⁶

What is not included in your regular rate of pay

The regular rate of pay does not include:

• tips,
• payments made as gifts (including holiday bonuses),
• rewards for service not based on hours worked, productivity, or efficiency,
• reasonable traveling expenses,
• irrevocable contributions from the employer to a third party for the benefit of employees, such as a retirement plan or insurance coverage,
• compensation paid at a premium rate for excess hours worked, or
• income derived from stock options or stock purchase rights provided by the employer.⁷

Alternative Work Schedule

An alternative workweek schedule, or AWS, structures the hours in a workweek differently than usual. Usually, an AWS will increase the number of hours worked in a single workday to reduce the number of workdays in a single workweek.

Standard alternative workweek schedules adopted by California employers include:

• a 4-day workweek with 10-hour days (called a 4/10 workweek),
• 3 days of 10 hours, and 2 more days of 5 hours, and
• biweekly periods that consist of 8 workdays of 9 hours each, one workday of 8 hours, and one extra day off (known as a 9/80 schedule because it spreads 80 working hours over 9 days).

Overtime pay for AWSs

In workplaces that have adopted an AWS, the overtime wages are at 1.5 times your regular rate of pay only if you work more than:

• the regularly scheduled number of hours under the AWS, or
• 40 hours in a workweek.

Double-time is only paid if you work in excess of:

• 12 hours in a single workday, or
• 8 hours in a day that is not in the AWS’s regularly scheduled workdays.⁸

California v. Federal OT Law

Like California law, the federal Fair Labor Standards Act (FLSA) requires time-and-a-half pay for all hours you work in excess of a 40-hour workweek.⁹ Though in addition, California’s overtime law is more generous than the FLSA in the following ways:

• it offers double-time pay for hours worked well in excess of normal,
• it offers an overtime rate for hours worked during a seventh consecutive day on the job, and
• it offers overtime pay for hours worked in excess of 8 hours in a single workday.

Overtime for Salaried Workers

If you are a salaried employee, you may be entitled to overtime pay so long as you are non-exempt. If you are exempt from California’s wage and hour laws, then you cannot earn extra pay for overtime work unless your employer chooses to provide it.

Exempt workers are typically “white-collar” and must earn at least twice the minimum wage for full-time work. Common types of exempt workers include:

1. Administrators who primarily perform administrative duties and regularly exercise independent judgment.
2. Executives and managers who supervise at least two employees, regularly exercise independent judgment, and manage the business operations.
3. Computer software professionals who have certain skill sets and job duties.
4. Outside salespersons who spend more than half their workday away from the office.
5. Highly-skilled professional employees such as lawyers and architects with specialized expertise and work.¹⁰
6. Doctors and surgeons and certain other healthcare workers.¹¹
7. Employees who earn more than half of their income from commissions.¹²

Note that independent contractors are also not subject to California’s overtime rules.

In addition, union workers often have different overtime rules as agreed upon in a collective bargaining agreement.

Finally, government agencies may have different overtime pay rules than the private sector has.

Professions with Special OT Rules

Yes. In alphabetical order, the following professions may have different overtime rules or are exempt altogether:

• Agricultural workers;
• Airline employees who request to put in more than 40 up to 60 hours in a workweek, and it is only temporary;
• Amusement and recreation workers;
• Broadcasting workers;
• Camp counselors;
• Commercial fishing boat crew members;
• Domestic workers (live-in or not);
• Healthcare workers;
• Motion picture workers;
• Physicians (other than residents, interns, or doctors covered under collective bargaining agreements);
• Railway Labor Act employees under a collective bargaining agreement;
• Taxi drivers;
• Transportation workers;
• Traveling carnival ride operators employed full-time; and
• 24-hour nannies (in certain cases).

How Meal/Rest Breaks Factor In

California law entitles you to meal and rest breaks if you are a non-exempt employee. Rest breaks are counted as hours when calculating overtime. Meal breaks, however, are not counted unless you are asked to work during the break.

If your employer makes you work through your break, they owe you one additional hour of pay at your regular rate of pay for each break denied to you.¹³

Tracking Your Time

Your employer is supposed to accurately track and record your work hours to ensure they comply with California’s overtime laws. However, you are strongly advised to keep an independent log of your hours. That way if there is a discrepancy, you can request to see your records and explain to your employer where they made a mistake.

Forced Overtime

Your employer can require you to work overtime, and they can fire you if you refuse. Though there are conditions in California:

• If you are a non-exempt employee, you must receive overtime pay in accordance with California law;
• The overtime schedule cannot violate your employment contract (if applicable); and
• The overtime schedule cannot pose a health or safety risk.¹⁴

Employers typically require overtime work when they are understaffed, when business is very busy, or if there is an emergency.

“Off the Clock” Work

Off-the-clock work—which is when your employer has you doing work for no pay—is not allowed in California.

Keep track of your hours if your employer tries to manipulate your time sheets. Sometimes employers shave off your time in an effort to pay you straight pay instead of the overtime pay you are entitled to.

Waiving Overtime Pay

As a non-exempt employee in California, you may not waive your right to earn overtime pay. Even if you sign an employment contract where you agree to work at your standard rate of pay for overtime hours, the court will not enforce it.¹⁵

“Day of Rest Rule”

Under California Labor Code section 551, employees cannot be ordered to work seven consecutive days in a workweek unless:

• there is an emergency or
• the job reasonably calls for it.

As discussed above, non-exempt employees are entitled to overtime pay for working on the seventh day in a workweek. If the work extends past eight hours on that seventh day, the employer must pay double-time pay.

Note that employers get to choose which day of the week a workweek starts, and they cannot change it in an attempt to get around overtime pay laws.

Remedies for Unpaid Overtime

Alternatively, you can sue the employer for unpaid overtime in a traditional wage and hour lawsuit.

Frequently Asked Question

Can my employer fire me for refusing to work overtime?

Yes. In California, employment is generally “at-will,” meaning your employer can require you to work overtime and may legally terminate your employment if you refuse. However, this is only legal if the overtime does not violate a collective bargaining agreement, exceed maximum safety limits, or conflict with specific industry regulations (such as those for healthcare workers).

Is there a limit to how many days in a row I can be forced to work?

Under California’s “Day of Rest” rule (Labor Code 551), employees are generally entitled to one day’s rest in every seven. Your employer cannot legally force you to work more than six days in a workweek unless there is an emergency or the nature of the job reasonably requires it. If you do work a seventh consecutive day, you are entitled to time-and-a-half for the first eight hours and double-time for any hours beyond that.

Does my employer have to give me advance notice before mandating overtime?

No. California law does not require employers to provide a minimum amount of advance notice before requiring overtime. While many companies provide notice as a matter of policy, your employer can technically mandate “forced overtime” on the same day, provided they pay you the correct overtime and double-time rates for those hours.

Can I waive my right to overtime pay if I want the extra hours?

No. In California, the right to overtime pay is a non-waivable legal protection. Even if you and your employer both agree to work for your “regular rate” during overtime hours, the agreement is legally void. Your employer is strictly required to pay 1.5x your regular rate after eight hours in a day and 2x after 12 hours, regardless of any private agreements.

Additional Resources

For more information on California overtime law, refer to the following:

• Overtime for Agricultural Workers – Frequently Asked Questions – Overtime information by the State of California Department of Industrial Relations.
• The Domestic Worker Bill of Rights – Frequently Asked Questions – Overtime information by the State of California Department of Industrial Relations.
• Industrial Welfare Commission Wage Orders – Laws on specific occupations that may have different overtime regulations.
• How to file a wage claim – Instructions provided by the California Labor Commissioner.
• Free overtime calculator – A program provided by Forbes that lets you input your salary and hours so you can estimate what your paycheck should be.

Legal References