California Wage and Hour Law

Overtime Pay Law in California

Overtime law in California states that non-exempt workers who are at least 18 years of age and employees between the ages of 16 and 17 who is not required by law to go to school and is not prohibited by law from working must receive overtime pay (1.5 times regular rate) for hours worked over 8 in a day or over 40 in a single workweek. Eight hours of work is considered a "day's work". Working more than eight hours a day or more than six days in one workweek is only allowed if the worker is paid overtime at no less than the following:

• 1.5 times the worker's regular pay rate for every hour worked over eight eight hours (up to and including 12 hours) in any workday, and for the first eight hours worked on the seventh straight day of work in a single workweek; and


• Twice the employee's regular pay rate for hours worked over 12 in a single workday and for all hours worked over eight on the seventh straight day of work in a single workweek.

However, some employees are exempt from overtime pay. An "exemption" means that the California Overtime Law does not apply to a particular classification of employees. There are also a number of exceptions to the general overtime law stated above. An "exception" means that overtime pay is offered to a specific group of workers on a basis that differs from the rules stated above.

Employers have the authority to disciple workers who violate the company's policy of requiring authorization to work overtime. However, in California, workers must be paid for nay time that is "suffered or permitted to work," regardless of whether the employee was required to do so. In other words, if the employer knew or had reason to know that the employee was working overtime, the worker should be compensated. Employees cannot purposely hide their unauthorized overtime hours. Visit the website of the CA Dept. of Industrial Relations for more information about overtime law in California.

Minimum Wage for California Workers

California workers must receive at least the CA minimum wage of $8.00 per hour (effective Jan. 1, 2008.) Workers cannot waive their right to minimum wage by signing an agreement, as the payment of minimum wage is an obligation of California employers.

Sheepherders must receive $1422.52 per month, beginning Jan. 1 2008. This minimum monthly wage was increased from 1,332.20, which took effect on Jan. 1 2007. Wages paid to sheepherders may not be offset by employer-provided lodging or meals. Several provisions exist, however, in regard to required meal and lodging benefits.

Minimum Wage for California Tipped Employees

Employers in California cannot use a worker's tips toward fulfilling their minimum wage requirement.

For more information, view the California Department of Labor Website