Overtime Law for Hourly Workers

Wage and hour laws govern the basic standards set for workers’ pay and time worked. This area of law covers several aspects, including minimum wage, tips, overtime, and meal and rest breaks. Wage and hour laws also govern what counts as time worked, what an employer must pay for, and when a worker must be paid.

Federal and state law governs employees’ overtime work. Both types of laws give employees rights to receive extra pay for overtime worked, unless they fall under an exception to the overtime laws. Workers who fall under an exception are labeled as “exempt employees” because they are not subject to overtime laws and do not have to be paid for additional hours worked.

Federal Overtime Laws

Federal provisions regarding overtime pay can be found in the Fair Labor Standards Act (FLSA). Unless the employee is exempt, he or she is covered by the FLSA and must receive overtime pay for hours worked beyond a 40-hour workweek at a pay rate no less than time-and-a-half. California also has its own state law regulating overtime pay.

California Overtime Laws

California law mandates that eligible employees who work more than eight hours in a workday or 40 hours in a workweek must receive overtime pay. California further requires double-rate pay if an employee works beyond 12 hours in a workday.

State law mandates that a California employee is entitled to overtime pay at time-and-a-half for the first eight hours worked on the seventh day and at double-rate for additional hours. That being said, not every job entitles a worker to overtime pay.