California Overtime Laws: What Workers Need to Know

California overtime laws ensure fair pay for extra work. Learn who qualifies, how overtime is calculated, and your rights under CA labor laws.

LawyerSoulsApril 9, 2025

105 5 minutes read

California Overtime Laws provide some of the strongest protections for workers in the nation, ensuring fair compensation for extra hours worked. Unlike federal standards, California Overtime Laws requires overtime pay not just for weekly hours exceeding 40, but also for daily hours beyond 8. These laws cover a wide range of workers, from hourly employees to certain salaried professionals, with strict rules on meal breaks, rest periods, and premium pay for violations. Understanding these regulations is essential for employees to safeguard their earnings and for employers to avoid costly legal penalties.

For many workers, overtime pay significantly boosts their income, but confusion over eligibility and payment calculations often leads to disputes. Whether you’re a full-time employee, part-time worker, or independent contractor misclassified as exempt, knowing your rights under California Overtime Laws can help you secure the wages you’ve earned. This breaks down key provisions, common violations, and steps to take if your employer fails to comply with the law.

California Overtime Laws

Understanding Overtime Pay in California

Under California Overtime Laws, non-exempt employees must receive overtime pay if they work more than 8 hours in a day or 40 hours in a week. The overtime rate is 1.5 times the regular pay rate. If an employee works more than 12 hours in a single day, they are entitled to double-time pay (twice their regular rate). Additionally, working seven consecutive days in a workweek requires overtime pay for hours worked beyond 8 on the seventh day.

Who Qualifies for Overtime Pay?

Most hourly employees in California are eligible for overtime, but some salaried workers may also qualify depending on their job duties and earnings. The state follows both the federal Fair Labor Standards Act (FLSA) and stricter California labor laws. To be exempt from overtime, an employee must meet specific criteria, such as earning at least twice the state minimum wage (currently $15.50/hour for most employers) and performing executive, administrative, or professional duties. Misclassification is a common issue, so workers should verify their exemption status.

Meal and Rest Break Requirements

California Overtime Laws mandates that employees receive a 30-minute unpaid meal break if they work more than 5 hours in a day. A second meal break is required after 10 hours of work. Employees must also receive a paid 10-minute rest break for every 4 hours worked. If an employer fails to provide these breaks, the worker may be entitled to additional compensation often referred to as “premium pay” equal to one hour of regular wages per violation.

How to Protect Your Rights

Employees should keep detailed records of their work hours, breaks, and pay stubs. If overtime pay is denied, they can file a complaint with the Equal Employment Opportunity Commission. Consulting an employment attorney can also help in cases of severe violations or retaliation.

Common Overtime Violations

Misclassifying Employees as Exempt

One of the most frequent overtime violations occurs when employers incorrectly classify workers as exempt from overtime pay. To be exempt, employees must meet strict criteria under California law, including earning at least twice the state minimum wage (currently $15.50/hour for most employers) and performing executive, administrative, or professional duties. Many employers wrongly label workers as “managers” or “salaried professionals” to avoid paying overtime, even when their actual job duties do not qualify for exemption. Employees misclassified in this way may be owed significant back pay.

Requiring Off-the-Clock Work Without Pay

Employers sometimes pressure employees to work before clocking in, during unpaid breaks, or after their shifts end without proper compensation. Common examples include answering work emails or calls outside scheduled hours, performing prep or cleanup tasks off the clock, or attending mandatory meetings without pay. California Overtime Laws requires employers to pay for all hours worked, and any unauthorized deductions from wages are illegal. If an employer knowingly allows or requires off-the-clock work, affected employees may file a claim for unpaid wages.

Denying Mandatory Meal and Rest Breaks

California Overtime Laws mandates that non-exempt employees receive are A 30-minute unpaid meal break if working more than 5 hours in a day (and a second meal break if working over 10 hours). 10-minute paid rest breaks for every 4 hours worked. Some employers skip these breaks or discourage employees from taking them, which is a violation of labor laws. If breaks are denied, employees are entitled to “premium pay”—an extra hour of wages for each missed break.

Failing to Pay Double-Time for Extended Shifts

While many workers know about 1.5x overtime pay for hours beyond 8 in a day or 40 in a week, some employers fail to pay double-time (2x regular pay) when employees work are More than 12 hours in a single day. More than 8 hours on the seventh consecutive workday in a week. This violation is especially common in industries like healthcare, retail, and manufacturing, where long shifts are frequent.

Incorrectly Calculating Overtime for Piece-Rate or Commission Workers

Employees paid by piece-rate (e.g., per task completed) or commission are still entitled to overtime. However, some employers miscalculate their regular rate of pay, leading to underpayment. California Overtime Laws requires that overtime for these workers be based on their total earnings divided by total hours worked, not just their base pay. Failure to properly compute overtime for piece-rate workers can result in substantial wage theft.

Averaging Hours Over Multiple Weeks to Avoid Overtime

Some employers try to avoid paying overtime by averaging an employee’s hours across two weeks (e.g., working 50 hours one week and 30 the next to average 40). This is illegal in California Overtime Laws overtime must be calculated per workweek, not averaged. Any hours over 40 in a single week must be paid at the overtime rate.

Retaliating Against Employees Who Claim Overtime

It is illegal for employers to punish workers for asserting their right to overtime pay. Retaliation can include firing, demoting, reducing hours, or harassing an employee who files a complaint or asks about unpaid wages. Workers who face retaliation may have additional legal claims beyond unpaid overtime.

Conclusion

California Overtime Laws provide essential protections to ensure workers are compensated fairly for long hours. Employees must understand their rights regarding overtime pay, meal breaks, and rest periods to avoid exploitation. Employers, on the other hand, must comply with these regulations to prevent legal consequences. By staying informed, both parties can foster a fair and lawful work environment.

If you believe your employer has violated overtime laws, take action by documenting your hours, discussing the issue with HR, or seeking legal advice. California Overtime Laws are designed to protect workers, and enforcing them helps maintain fair pay standards across industries.