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What is the California overtime pay requirement?

California wage earners -- whether they are hourly or salaried -- have the right to receive overtime pay. If you work a certain amount of extra time within a certain period, you should be able to receive a higher rate of pay for the extra hours you worked.

Here's how the California overtime pay structure works:

Time-and-a-half pay

California employees must receive their normal hourly rate plus an amount equal to half the hourly rate for:

  • Work that exceeds more than eight hours within a single workday
  • Work that exceeds more than 40 hours within a single workweek
  • Work that constitutes the first eight hours of the seventh day of consecutive work

Double-time pay

California employees must receive a pay rate of double their normal hourly rate for:

  • Work that exceeds more than 12 hours within a single workday
  • Work that exceeds eight hours for the seventh consecutive workday

Overtime for salaried workers

Some salaried workers do not know that they qualify for overtime pay. These workers may end up devoting lots of extra hours to their jobs without receiving the appropriate amount of pay. Here's what salaried workers need to know:

  • To qualify for overtime pay, it's important to document the hours worked on every given day.
  • The hourly rate for a salaried worker is calculated by dividing the weekly pay rate by 40.
  • Many salaried workers are exempt from receiving overtime pay, so it's vital to determine if you are exempt from this benefit before making a claim against your employer for unpaid overtime.

If you've determined that you qualify for overtime pay based on the above information, but your employer is refusing to give you the money you deserve, learn more about your legal rights under California employment law.

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