Overtime: California

Federal law and guidance on this subject should be reviewed together with this section.

Author: Anthony J. Oncidi, Proskauer Rose LLP

Updating Author: Brightmine Editorial Team

Summary

• In California, employees must be paid overtime not only when they work more than 40 hours in a workweek, but also when they work more than eight hours in a workday or work a seventh consecutive day in a workweek. See Overview.
• California has adopted the federal definition of the regular rate of pay - but only to the extent that those standards are consistent with California law. See The Regular Rate.
• Arrangements in which nonexempt employees agree to be paid a fixed salary for all hours worked including overtime are prohibited. See Fixed Salary Agreements.
• California law permits employers to allow nonexempt employees to work more than eight hours in a day at straight time rates if that time is considered "make-up time" for time an employee missed during the same workweek to attend to personal obligations. See Make-Up Time.
• Overtime must be paid in accordance with California law where work is performed in California by out-of-state residents for California-based employers. See Non-Resident Employees.
• Different overtime requirements apply to agricultural employees and personal attendants, among others. See Exceptions to the General Overtime Rules.
• Los Angeles has requirements pertaining to overtime. See Local Requirements.