Mandatory Overtime Laws in California

In California, under the California Fair Labor Standards Act, employers have the general right to mandate overtime. However, it’s essential that they pay non-exempt employees appropriately for this additional time. Typically, non-exempt employees must be paid 1.5 times their regular hourly rate for any hours worked over 40 in a workweek or over 8 in a workday.

What Circumstances Limit Mandatory Overtime Under California Laws?

While California labor laws allow for mandatory overtime, there are certain limitations in place. For instance, non-exempt employees cannot be required to work more than six days in a row during a workweek unless specific conditions or emergencies apply. Additionally, certain sectors, like healthcare, have unique rules about how many hours can be worked consecutively without a break.

The Day of Rest Rule

According to California Labor Code section 551, every person employed in any occupation of labor is entitled to one day’s rest therefrom in seven. This means that non-exempt employees cannot be required to work more than six consecutive days in a workweek unless the nature of the employment reasonably requires it or an emergency arises.

A workweek is any seven consecutive 24-hour periods that begin at the same time each calendar week. The employer can designate the start and end time of the workweek but cannot change it to avoid paying overtime.

Assume an employee voluntarily agrees to work on the seventh day. In that case, they are entitled to overtime pay at the rate of one and a half times their regular rate for the first eight hours and double time for any additional hours.

The Health Care Worker Rule

According to California Labor Code section 511.5, certain healthcare workers who are employed by a hospital or other healthcare facility can agree to work up to 12 hours per day without receiving overtime pay as long as they do not work more than 40 hours per week.

However, they cannot be required to work more than 12 hours per day, except in cases of emergency or unforeseen circumstances. If they work beyond 12 hours per day or 40 hours per week, they are entitled to double-time pay.

This rule applies to:

• Registered nurses;
• Licensed vocational nurses;
• Certified nurse assistants;
• Respiratory care practitioners;
• Other health care workers who provide direct patient care services.

The Alternative Workweek Schedule Rule

According to California Labor Code section 511, an employer can propose an alternative workweek schedule that allows non-exempt employees to work up to 10 hours per day within a 40-hour workweek without paying overtime. This is only allowed as long as the employees agree to it by a secret ballot vote.

The alternative workweek schedule must be consistent and regularly recurring and must not exceed four days per week. The employer must also disclose the effects of the alternative workweek schedule on the employees’ wages, hours, and benefits before the vote.

If an employee works beyond the agreed hours per day or 40 hours per week under an alternative workweek schedule, they are entitled to overtime pay at the rate of one and a half times their regular rate for the first two hours and double time for any additional hours.

Do Overtime Standards Apply to All Jobs?

Not all jobs are subject to the overtime standards under the California Fair Labor Standards Act. The laws primarily focus on non-exempt employees, which means some salaried professionals, managers, and independent contractors may not be entitled to overtime.

The exact classifications can be complex, and one’s eligibility often depends on specific duties, pay scale, and the terms of the employment contract.

Executive, Administrative, and Professional Employees

These are employees who perform high-level managerial, administrative, or specialized tasks that require independent judgment and discretion. They must also earn a monthly salary equivalent to at least twice the state minimum wage for full-time employment.

Computer Software Professionals

These are employees who are primarily engaged in the design, development, documentation, analysis, creation, testing, or modification of computer systems or programs. They must also meet certain skill, education, and salary requirements.

Outside Salespersons

These are employees who customarily and regularly work more than half of their working time away from the employer’s place of business selling goods or services or obtaining orders or contracts for services or use of facilities.

Employees Covered by a Valid Collective Bargaining Agreement

These are employees who have entered into a contract with their employer that regulates their wages, hours, and working conditions. The agreement must provide premium wage rates for all overtime hours worked and a regular hourly rate of pay for those employees of not less than 30% more than the state minimum wage.

Employees in Certain Industries or Occupations

These are employees who work in specific sectors that have different overtime rules or exemptions, such as:

• Agriculture;
• Health care;
• Transportation;
• Amusement and recreation;
• Broadcasting;
• Motion picture;
• Domestic work.

Some other employees who are exempt from overtime rules in California are:

• 24-hour nannies (in some cases);
• Agricultural workers;
• Camp counselors;
• Live-in house workers;
• Outside salespeople (if they meet certain conditions);
• Licensed physicians and surgeons engaged primarily in job duties that require licensure (except residents, interns, or doctors covered under collective bargaining agreements);
• Employees who have entered into a collective bargaining agreement under the Railway Labor Act;
• Taxicab drivers;
• Airline employees who work over 40 but not more than 60 hours during the workweek due to a temporary modification in their normal work schedule not required by the employer and arranged at the request of the employee;
• Full-time carnival ride operators employed by a traveling carnival; and
• Crew members employed on a commercial fishing boat.

These are some of the common exemptions from the overtime laws in California, but there may be others depending on the specific circumstances of your case. It is advisable to consult with an attorney if you have any questions about your eligibility for overtime pay.

What Are Some Other Important Overtime Considerations Under California Rules?

California labor laws are among the strictest in the U.S., particularly concerning overtime. One unique feature of overtime laws in California is the “double-time” provision. This means that non-exempt employees are entitled to twice their regular pay rate for any hours worked beyond 12 in a single workday. Also, if non-exempt employees work on the seventh consecutive day in a workweek, they should receive double time for hours worked over 8 on that day.

Should I Hire a California Lawyer if I’m Facing Forced Overtime Legal Issues?

If you believe your rights concerning overtime have been violated or if you need clarity on the nuances of California’s labor laws, it’s advisable to consult with a legal professional. A knowledgeable California employment lawyer through LegalMatch can provide guidance, ensure your rights are upheld, and help you navigate any legal challenges you may face.

Importantly, using LegalMatch to find and consult with an attorney comes at no cost to you, making it an accessible avenue to understand your legal stance and potential remedies.

Using LegalMatch not only comes at no cost to you but also expedites the process, connecting you to a skilled California employment lawyer much faster than if you were to search for one independently. With the streamlined efficiency of LegalMatch, you can quickly obtain guidance, defend your rights, and address any legal challenges that emerge.