California Labor Laws for Overtime and Double Time

Failure to pay correct overtime is one of California’s most common forms of wage theft. It affects all kinds of workers across all different industries.

Employers might use various tactics to improperly avoid paying overtime. They may illegally round down work hours. They might instruct or otherwise encourage employees to work “off the clock.” They might also misclassify workers as exempt from overtime.

Regardless of the tactic, California law mandates overtime unless your specific job qualifies for an exemption. If your employer illegally withholds overtime pay, you can likely recover the wages you’re owed. Other damages and penalties might also be available.

Knowing your rights is the first step. You might even be working overtime hours without realizing it.

This guide will help clarify California overtime rules. California’s overtime laws provide stronger worker protections than baseline federal laws.

We’ll explain what constitutes overtime work in California, and cover which employees qualify for overtime pay.

Next, we’ll detail how overtime pay must be calculated under state law. We’ll also outline steps to take if you believe your employer isn’t paying you properly.

Consulting an employment attorney is usually a wise next step. Every situation has unique facts. A lawyer helps navigate the legal complexities and how they apply to your case. They can also assist in recovering wages your employer owes you.

Let’s begin by covering the general rules about overtime pay in California.

Table Of Contents

Defining Overtime and Understanding Overtime Laws in California
A Closer Look at Overtime Exemptions in California Labor Law
What to Do if Your Employer is Withholding Overtime Pay
Answers to Common Overtime Questions in California

Defining Overtime and Understanding Overtime Laws in California

The exact definition of overtime differs depending on where you work. Rules exist at both the state and federal level.

Under federal law, overtime generally refers to hours an employee works beyond 40 in a single workweek. This federal standard provides a minimum protection across the U.S.

California offers expanded overtime protections compared to federal law. We’ll explain these stronger California rules shortly.

The Fair Labor Standards Act (FLSA)

Federally, the Fair Labor Standards Act (FLSA) is the main law setting rules for overtime pay in the U.S.1

The FLSA establishes several key nationwide labor standards. These cover minimum wage, overtime pay, employer recordkeeping requirements, and child labor restrictions. These federal standards generally apply to both full-time and part-time workers.

Under the FLSA, eligible non-exempt employees must receive 1.5 times their regular rate of pay. This applies for any hours worked over 40 in a single workweek.

When first passed, FLSA coverage was narrower. But it expanded significantly over the years through legislative amendments and important court decisions interpreting its reach.

The FLSA also defines specific exceptions to its overtime requirements. Certain types of jobs are classified as exempt. These jobs aren’t entitled to overtime pay. Common examples include the “white collar exemptions” covering certain executive, administrative, and professional positions that meet specific salary and job duties tests. We’ll discuss exemptions in more detail later.

The California Labor Code

When it comes to overtime, California law goes beyond federal FLSA rules. It offers stronger protections for many workers. The California Labor Code outlines these specific state requirements.2

Qualifying California employees must receive overtime pay calculated at 1.5x their regular rate of pay whenever they work:3

a) More than 40 hours in a single workweek.

b) More than 8 hours and up to 12 in a single workday.

c) Up to 8 hours on any 7th consecutive workday.

California law also mandates double time pay in specific situations. This means pay at 2x the regular rate of pay (double time) whenever employees work:

a) More than 12 hours in a single workday.

b) More than 8 hours on the 7th consecutive workday in a workweek.

Let’s look at some specific examples:

Example: Jennifer normally works 8 hours/day, Monday through Friday (40 hours total). Her manager asks her to work an extra 4-hour shift on Saturday. These 4 hours are overtime because they exceed 40 hours in the workweek. Jennifer should receive 1.5x her regular rate for those 4 hours.

Example: Raoul typically works 5-hour shifts, 6 days per week. His boss asks him to work another 5-hour shift on his usual day off, making it his 7th consecutive day worked in that workweek. Raoul is entitled to 1.5x his regular rate for all 5 hours worked on that 7th day. An offer to take a different day off later doesn’t negate this overtime obligation.

Example: Marcel works several 14-hour shifts due to a deadline. For each 14-hour workday, he’ll receive 1.5x his regular rate for hours 9 through 12 and 2x his regular rate for hours 13 and 14.

Specific Rules for Overtime Calculation in California

We’ve covered when California requires overtime pay. But how is that pay calculated? Understanding your regular rate of pay is essential. Your overtime pay is based on a multiple (1.5x or 2x) of this specific rate.

If you’re paid only a simple hourly wage with no other compensation, your regular rate of pay is based only on that wage. The calculation is straightforward.

But it gets more complex if you earn other forms of pay, which must also be included in your regular rate. This generally includes earnings like:

Piecework earnings: Pay based on the number of items produced or tasks completed.

Commissions: Pay earned based on sales made or revenue generated.

Non-discretionary bonuses: Bonuses earned automatically by meeting specific, set criteria (like quotas or production goals). These are not discretionary gifts.

The general rule is that your overtime rate should be 1.5x or 2x what you earned per hour, including all those extra types of pay.

Let’s use a concrete example. You’re non-exempt and earn $30/hour plus commissions. One week you work 48 hours (8 overtime hours) and also earn $960 in commissions for that work.

Your regular rate of pay for that week is $50 per hour (total earnings divided by total hours worked).

For the hours you worked overtime (8), you get 1.5x your regular rate of pay, or $25 extra per hour.

That means you made an extra $200 in overtime pay. This example shows non-hourly pay impacts overtime amounts.

Calculations can get significantly more complex. This happens with multiple pay rates or certain other bonus types.

Are you unsure if your overtime pay is calculated correctly? Consulting an employment lawyer is wise. They can review your pay and explain your rights.

What “Hours Worked” Means When Calculating Overtime

Calculating overtime depends on total hours worked. California uses a broad definition for hours worked. It isn’t limited just to time spent on your main job duties or your scheduled shift hours.

Generally, you must be paid for all time considered hours worked under state law. California uses two key tests to determine this:

The Control Test: Any time you are subject to your employer’s control counts as hours worked. This is true even if you’re not actively performing work during that controlled time.

The Suffer or Permit to Work Test: Time also counts as hours worked if your employer knows or reasonably should know that you’re working. This applies even if the work wasn’t officially scheduled or authorized beforehand.

Essentially, time spent working “off the clock” usually counts as hours worked. Such time must be paid and included when calculating overtime.

Here are a couple of concrete examples:

Example: Miguel’s employer tells him he must stay on company property during his unpaid lunch break. This is required “just in case” of emergencies. Even if Miguel does no work during lunch, this time likely counts as hours worked. His employer exerted control over his location and time. Therefore, it should be paid and count towards overtime calculation.

Example: Daisy frequently stays late after her shift ends and after clocking out. She finishes cleaning tasks for the next day’s shift. Her manager knows or should reasonably know she does this extra work. Daisy’s after-hours cleaning time likely counts as hours worked. The employer is “suffering or permitting” the work. She must be paid for this time, including any applicable overtime compensation.

How and why employers skimp on overtime pay

California’s rules for overtime pay are clearly defined. But employers don’t always follow their legal obligations. Sometimes it’s due to misunderstanding the law. Other times, employers deliberately withhold earned overtime.

Employers use various tactics to improperly avoid overtime payments.

One common method involves miscalculating the pay rate. They might calculate overtime based only on an employee’s base hourly wage. They illegally ignore other earnings like commissions or non-discretionary bonuses.

This issue can arise frequently in piece-rate jobs. Examples include the agriculture or manufacturing industries. Workers in these settings might be pressured or even intimidated. They may feel discouraged from accurately reporting all hours worked, especially overtime hours.

Employers might also fail to keep accurate records of all time worked. They could suggest or allow employees to work “off the clock.” This might involve starting work before the shift officially begins or continuing after it ends without proper pay. Working during unpaid meal breaks is another example.

Make no mistake about these practices. They are illegal wage theft and violate both federal and California state law.

You have the right to report suspected wage theft. California law strongly protects you from employer retaliation for reporting wage issues. You also have the right to pursue recovery of wages stolen from you.4

We’ll cover the process for recovering wages later. For now, let’s look at the specific legal exceptions to California’s general overtime requirements.

A Closer Look at Overtime Exemptions in California Labor Law

It’s important to know California’s overtime rules don’t apply to every worker. Certain exemptions exist under the law.

As covered earlier, independent contractors don’t qualify for overtime. Certain categories of employees are also considered exempt from overtime and related rules like meal and rest breaks.

Let’s examine the main types of overtime exemptions for employees. We’ll look at three key areas. First, we discuss alternative workweek schedules and their impact. Then, we cover the major “white-collar exemptions.” Finally, we touch on other various job-specific exemptions.

Alternative Workweek Schedules

An alternative workweek schedule (AWS) modifies standard overtime rules. Under a properly adopted AWS, employees agree to work longer daily shifts up to 10 hours per day at their straight-time rate.5

The most common AWS example is a 4/10 schedule. This involves four 10-hour workdays per week. Schedules involving 12-hour days without daily overtime are only permissible under specific wage orders, with healthcare a potential example.

Implementing a valid AWS requires following strict legal procedures. It must be approved in advance by employees. This requires at least a 2/3 vote via secret ballot within the affected work unit.

Overtime rules still apply even with a valid AWS. Employees usually receive 1.5x pay for hours worked beyond the regular daily hours established in the AWS (e.g., over 10 hours in a 4/10 schedule). Weekly overtime pay for hours over 40 also still applies.

Double time (2x the regular rate) is still required too. This applies to all hours worked over 12 in any workday.

For employees on an AWS, double time also applies to all hours worked over 8 on any days employees work outside their regularly scheduled AWS days.

White Collar Exemptions to Overtime

Overtime rules often don’t apply to salaried, white-collar jobs. These exceptions are known as the “white collar exemptions.”

Both federal and California laws recognize these exemptions. The state and federal rules have minor differences. We’ll focus here on California’s requirements.

Employees classified as exempt under these rules don’t receive overtime pay. They also generally don’t get mandatory meal and rest breaks.6 We have another article dedicated to meal and rest break laws.

Importantly, the employer has the legal burden. They must prove an employee clearly meets all requirements for an exemption. It’s not the employee’s job to prove they aren’t exempt.

To qualify for a California white collar exemption, an employee generally must satisfy three basic conditions:

1) Salary Basis: Be paid a predetermined and fixed salary. This amount cannot be reduced because of variations in the amount or quality of work performed.

2) Salary Level: Earn a monthly salary equivalent to at least two times the state minimum wage. (As of early 2025, this requires a minimum annual salary of $68,640.)

3) Job Duties: Primarily perform job duties that meet the specific requirements for the executive, administrative, or professional exemption. These duties must regularly involve independent judgment and discretion.

In addition to the salary tests, each specific white collar exemption has its own primary duties test:

: Must manage at least two other employees and have the power to make decisions about hiring and firing. Examples might include high-level executives, managers with direct reports, and department heads.Executive exemption

: Must perform office or other non-manual work directly related to the company’s general business policies or operations. Must also regularly and directly assist a business owner, administrator, or executive. Examples might include HR managers, marketing managers, operations managers, financial managers, and analysts.Administrative exemption

: Applies to licensed or certified professionals whose work is mostly intellectual and requires specialized education. This category includes doctors, teachers, lawyers, engineers, scientists, and commercial airplane pilots among others.Professional exemption

These exemption rules are complex and depend heavily on actual job duties, not just titles or salary. Correct classification requires careful analysis.

Are you unsure if you’re properly classified as exempt under California law? Do you believe you might be owed overtime? Consulting an experienced employment lawyer is the best way to understand your specific rights.

Sales Exemptions

Special rules sometimes apply to salespeople regarding overtime pay in California.

Whether you’re considered exempt depends on your specific job duties and how you’re paid.7 There are two relevant exemptions: the outside sales exemption and the inside sales exemption.

The outside sales exemption generally applies to employees who spend most of their time working away from the employer’s main place of business. They must customarily and regularly work more than half their time outside, making sales or obtaining orders. Think of traveling sales reps visiting clients or door-to-door sales roles.

This exemption typically doesn’t cover employees who primarily sell from an office or other fixed site. For remote workers, a home office is considered a fixed site. That means the outside sales exemption does not apply.

The inside sales exemption has other specific requirements under California law. It can apply to employees working primarily inside the employer’s location (or a home office) whose earnings are mostly commissions. More than half your total compensation in a pay period must come from commissions.

But there’s a critical second requirement for the inside sales exemption. The employee’s total earnings for the workweek must exceed 1.5 times the applicable California minimum wage. That’s $990/week as of 2025, or potentially more if the city/county you work in has a higher minimum wage.

If your total earnings (including commission) fall below this threshold, you are not exempt. You must receive overtime pay for that workweek, even if paid mainly by commission. So, if you’re an inside salesperson, it’s still important to keep track of your hours.

Computer Professional Exemption

California has a specific overtime exemption for certain high-level computer professionals. It applies only to employees performing advanced, specialized computer work.

To qualify for this exemption, a worker must meet both specific job duties requirements and a minimum pay threshold.

Primary job duties must regularly involve one or more of these core functions:

Systems analysis: consulting with users to determine hardware, software, or system functional specifications.

Application/System Development: Designing, creating, fixing, or improving computer systems or software applications based on specific design plans or user needs.

System/Hardware Programming: Designing, writing, testing, or fixing computer programs that are directly related to the fundamental design of computer hardware or system software (like operating systems or network systems)

Meeting the duties test alone isn’t sufficient. The employee must also meet a minimum pay level. For 2025, the required minimum pay rate is $56.97 per hour. If paid a salary, the minimum annual salary is $118,657.67.7 This minimum salary is updated every year.

Importantly, this exemption doesn’t cover all jobs involving computers. It typically excludes employees performing more routine tasks. Examples include computer manufacturing or repair, help desk support, or data entry. Workers in these roles usually must receive standard overtime pay if they work excess hours.

Specific Job Exemptions

California’s IWC Wage Orders also outline numerous job-specific exemptions. These roles may be fully or partially exempt from state overtime laws.

It’s important to note two key caveats regarding these exemptions. First, employees under a valid union contract (collective bargaining agreement, or CBA) might follow different overtime rules specified in that agreement.

Second, federal law often still applies. An employee might be exempt from California’s daily overtime rules. But they could still be entitled to federal overtime pay (1.5x rate for hours over 40 per week) under the FLSA.

With those points in mind, here are examples of job roles often exempt from some or all California state overtime rules:8

Most government employees (state, county, city, special district rules often apply instead).

An individual employer’s parent, spouse, or child working directly for that individual.

Participants in national service programs (like Americorps).

Certain truck or bus drivers whose hours are regulated by the federal DOT or state CHP.

Employees covered by a qualifying CBA that explicitly provides for wages, hours, and working conditions, and a premium wage rate for overtime hours.

Student nurses enrolled in accredited schools (under specific Wage Order rules).

Taxicab drivers.

Employees operating rides at traveling carnivals.

Crew members working on commercial fishing vessels.

Certain announcers, news editors, or chief engineers at smaller market radio/TV stations.

Some personal attendants in private homes (complex rules apply, especially after the Domestic Worker Bill of Rights).

Babysitters under the age of 18 employed in the employer’s home

This list isn’t exhaustive. The specific rules and requirements for each job exemption can be very detailed and complex.

Do you work in one of these or a similar role? Are you unsure about your overtime eligibility? Consulting an employment lawyer is the best way to understand how the rules apply to your exact situation.

Why Employee Misclassification is a Serious Issue

We’ve discussed various exemptions from California overtime rules. Employees correctly classified under these exemptions don’t receive overtime pay.

But properly applying exemption rules is complex and critical. Employers sometimes misclassify employees as exempt.

This misclassification might stem from misunderstanding the law, or it could be an intentional attempt to avoid paying required overtime.

Common examples of potential misclassification include:

Labeling an employee an exempt “manager” when they lack true management duties, sufficient authority (like hiring/firing input), or the required level of independent judgment.

Applying the inside sales exemption to employees who don’t make at least half their income from commissions.

Classifying a worker as an independent contractor when they function as an employee under California’s relevant tests (like the ABC test).

California law clearly places the legal burden of proof on the employer. They must prove that an employee meets all requirements for a specific overtime exemption. If the employer can’t meet this burden, the employee is likely owed overtime. The law generally presumes workers are non-exempt.

Being misclassified causes real harm. You lose out on earned overtime pay. You may also be denied required meal and rest breaks or other benefits owed to employees.

Think you’ve been misclassified by your employer? It’s vital to consult with a California employment lawyer. We can analyze your job duties and pay structure under the correct legal standards and explain your legal options. We can also identify potential compensation you might recover.

What to Do if Your Employer is Withholding Overtime Pay

Some employers try to avoid paying legally required overtime. They might misunderstand the rules for overtime or deliberately withhold earned wages.

California’s overtime laws can seem complex. But employer responsibilities are clearly defined. Companies must know and follow the state’s wage requirements. Ignorance isn’t a legal excuse for non-payment.

Standing up for your right to proper pay can feel intimidating. Remember, though: California law strongly protects your right to receive all earned overtime pay.

Do you suspect your employer is improperly withholding overtime? Document everything carefully and immediately. Detailed records are crucial evidence for any potential claim.

Helpful documentation includes:

Your actual daily work hours. Track start times, stop times, and meal break start/end times. Keep personal records separate from employer timekeeping systems.

Pay stub comparisons. Review each pay stub closely against your records. Immediately note any discrepancies in hours or pay calculations.

Any time spent working “off the clock.” This includes work before or after scheduled shifts, or during unpaid meal breaks, if required or permitted by your employer.

Dates and times of denied or interrupted meal or rest breaks (as this impacts total hours worked and may trigger premium pay).

Copies of relevant communications. Save emails, text messages, or work platform messages discussing your hours, schedule, pay rates, or overtime work.

Notes on any suspected retaliation. Document negative actions taken after you raised pay concerns.

Information from coworkers (if appropriate). Note if others experienced similar issues and their contact details if they might be witnesses.

Notify your employer in writing about specific errors you find in your pay. Clearly state the issue and request correction. Keep copies of this communication.

What if the employer doesn’t fix the problem after notification? Or what if you experience retaliation for raising the issue? It’s time to consult an experienced California employment lawyer.

A lawyer will explain your legal options based on your situation. They can help prepare and file a wage claim. Claims for unpaid wages are often filed with the California Division of Labor Standards Enforcement (DLSE). A lawyer can advise you on whether pursuing a lawsuit in court is appropriate.

Many employment lawyers offer a free initial consultation. Ask about working on contingency as well. This fee arrangement typically means you pay no attorney fees unless and until money is recovered for you.

Remember, strict deadlines apply to wage claims. These statutes of limitations limit how long you have to take legal action. Missing the deadline usually means losing your right to recover unpaid wages permanently. Prompt investigation and action are essential.

We assist California employees with unpaid overtime and other wage theft issues. Click the button above (on desktop) or below (on mobile) to schedule a completely free consultation to discuss your situation.

Answers to Common Overtime Questions in California

Question: If I work overtime without my boss’s permission, do they still have to pay me for it?

Answer: Yes, generally. If your employer knew or reasonably should have known you were working those extra hours? That time typically counts as hours worked under California law. It must be paid, including any required overtime premium, even if the hours weren’t pre-approved.

Question: Can my employer require me to work overtime?

Answer: Usually, yes. Employers can generally set work schedules, which may include mandatory overtime. Refusing required overtime could potentially lead to discipline, including termination. But California law guarantees workers one day of rest in seven. Employers generally can’t legally force you to work on your 7th consecutive day if you don’t volunteer for it.

Question: When should I get paid for my overtime hours?

Answer: Earned overtime pay should be included on your regular paycheck for the pay period in which the overtime hours were worked. 9

Question: Can I give up my right to overtime pay?

Answer: No. California overtime protections cannot be waived by agreement between an employee and employer. Any agreement to work for less than legally required overtime pay is void.

Question: Can my employer give me time off (comp time) instead of overtime pay?

Answer: Generally no for private-sector employers in California. They cannot require employees to take paid time off (comp time) instead of paying monetary overtime wages. Voluntary employee requests for comp time might be permissible only under very specific conditions, typically requiring:

a) A written agreement made before the work is performed.
b) The employee not accruing more than 240 hours of comp time.
c) The employee specifically requesting comp time in writing instead of cash for those overtime hours.

Question: If I’m on call, does that count as overtime?

Answer: It depends heavily on the restrictions placed on your time while on call. Are you largely free to engage in personal activities? Or must you stay near a certain location or respond immediately? If your freedom is significantly restricted, the on-call time might be considered hours worked. It would then need to be paid and count towards overtime.

Question: Can my employer ask me to work off the clock?

Answer: No, never. Employers must pay for all hours worked. This includes any work they knew about or should have known about, even if performed “off the clock.” This time fully counts toward calculating overtime.

Question: Does job preparation time count as overtime?

If getting ready for work is a necessary and essential part of your job duties, then yes, it counts as “hours worked” and can contribute to overtime. This could include things like setting up equipment, cleaning your workspace, or even changing into special work clothes.10

Question: Does my employer have to pay for commute or travel time?

Answer: Usually not for your normal daily commute between home and your primary worksite. But certain travel time might count as hours worked. Examples include travel between different job sites during the workday, or travel to a distant temporary worksite for a special assignment, or if the employer requires you to use company transportation.

Citations

29 U.S.C. § 216 (go back)
Cal. Lab. Code § 510 (go back)
Cal. Lab. Code § 510(a) (go back)
Cal. Lab. Code § 98.6 (go back)
Cal. Lab. Code § 511 (go back)
Cal. Lab. Code § 515 (go back)
Cal. Lab. Code § 515.5 (go back)
See Industrial Welfare Commission Wage Orders (go back)
Cal. Lab. Code § 204 (go back)
See Mitchell v. King Packing Co. (1956) 350 U.S. 260. (go back)

California Labor Laws for Overtime and Double Time: An In-Depth Look