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Overtime Pay

This section provides a detailed explanation of the rules and exceptions for paying overtime in California. California laws favor employees more than federal rules and exceptions.

Understanding Basic Overtime RequirementsUnderstanding Basic Overtime Requirements
For almost all nonexempt private sector California employees who are not covered by collective bargaining agreements, overtime pay is based primarily on the number of hours worked in a day.

Defining Workdays and WorkweeksDefining Workdays and Workweeks
It is important to define your workday and workweek. These definitions impact your obligations to pay your employees overtime.

Calculating OvertimeCalculating Overtime
To calculate overtime, first identify the hours that you must pay on an overtime basis. Second, decide what overtime rate must be applied. Third, determine the regular rate to which overtime must be applied

Overtime ExamplesOvertime Examples
The following examples show the proper overtime calculations in six common situations. Each example presumes a Sunday through Saturday workweek, with a midnight to midnight workday.

Requiring Mandatory OvertimeRequiring Mandatory Overtime
Employers generally have the right to require mandatory overtime as needed, and employees usually cannot refuse your request that they work overtime.

Using Makeup TimeUsing Makeup Time
Makeup time is an alternative to overtime pay. Makeup time allows an employee to request time off for a personal obligation and make up the time by working more than eight hours on another day without receiving overtime pay.

Compensatory Time OffCompensatory Time Off
A private employer in California is not permitted to offer compensatory time off (comp time) to nonexempt employees in lieu of paying overtime, unless the employer is one of the rare few exempt from the federal Fair Labor Standards Act (FLSA).

Overtime Exceptions for Specific IndustriesOvertime Exceptions for Specific Industries
The IWC Wage Orders for specific industries contain some exceptions to the general rules for calculating overtime and premium pay.
Read about legislation effective in 2020.

Forms

Tools

Overtime Quiz

Q&As

News

California Supreme Court Decides How to Pay Overtime on Flat-Sum Bonus
March 22, 2018

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