Are Employers Required to Pay Extra for Weekend or Nightwork?Īccording to the Fair Labor Standards Act (FLSA), extra pay for nights and weekends isn't mandatory. Let's sum up overtime pay rates under California OT Laws: This type of overtime in California is paid no less than twice the regular pay rate. In that case, a different overtime rate applies. Suppose we are talking about working more than 12 hours in one day and more than 8 hours on the seventh day of a workweek. This overtime rate applies to the first eight hours worked on the seventh day of work in any workweek. In that case, they are eligible to receive overtime pay at 1.5 times the employee's regular pay rate. Suppose an employee has worked more than 8 hours in a day or 40 hours during a workweek. How Much Is Overtime Pay in California? So far, we have covered the basics and learned that employers in California are required to pay overtime to employees who qualify for overtime, but at what rate? How Does Overtime Work in California? Complying With California Overtime Law For example, employers can classify workers who work under 40 hours per week as part-time in California. Under California law, a full-time employee is the one who works at least 30 hours per week or at least 130 hours per month.īut there is more to this. However, with the introduction of the Affordable Care Act, things have changed. Historically, working 40 hours per week qualified employees as full-time workers. What is Considered Full-Time Under California Laws? For instance, there can only be three 12-hour days in a workweek in the case above. This arrangement will be valid only if strict procedures are followed. In the healthcare industry, it's not unusual to see a workweek schedule that consists of 12-hour workdays. If the implementation hasn't been executed correctly, they may face significant liability. To implement the alternative work schedule, there are some requirements an employer has to meet. The Labor Code and the IWC Orders allow for certain flexible scheduling arrangements without overtime pay, even if an employee has worked more than 8 hours in a workday. Again, the motivation behind this change mustn't be avoidance of overtime pay. But once the workdays and workweek are changed, this modification needs to be fixed and permanent. Employers in California can set different workdays and workweeks to the typical ones (five eight-hour days of work) for different employees or different shifts under certain circumstances. Changes to the workday and the workweek.There are a few other essential things that employers need to be aware of: Employers have the freedom to establish time and the day when the workweek begins, as long as they are fixed and regularly recurring. Similar to how the workday is defined, it has to start on the same day and at the same time every week. It is a fixed and regularly recurring period of 168 hours. Still, it has to be consistent and unchanged.Ī workweek in California constitutes seven consecutive 24-hour periods. According to these regulations, it's also important to know that the 24-hour period may begin at any hour of the day. According to the Department of Industrial Relations in California, a workday is "any consecutive 24-hour period beginning at the same time each calendar day". Workweek, Workday, and Full-Time: What Are They in Legal Terms?Įight hours of work are what constitutes a day's work. Then, once you've read each section, you'll understand this country's overtime legal framework. To do so, we'll address several essential terms and topics, one by one. To better understand how California overtime laws work, we need to lay the foundation first. Under California overtime law in 2022, all non-exempt employees are entitled to overtime for the actual hours worked more than 8 hours in a workday or 40 hours in a workweek, whichever is greater. Let's learn how California overtime law works, how to calculate it, and all the other essential tidbits you may need down the road!Ĭalifornia overtime laws are designed to ensure employees are fairly compensated for working extra hours. In addition, we've made sure to use easy-to-understand language to ensure you stay compliant and understand your obligations as an employer. This in-depth article covers everything you need to know about overtime pay in this state. To provide guidance and save you time, our experts have performed an extensive research on overtime laws in California. Essentially, California overtime law is designed to protect both employers and employees, and reward the employees for working more than the standard eight-hour workday or forty-hour workweek.
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