This is the fourth post in our monthly series of CDF’s Labor & Employment Law Blog providing California employers with wage and hour compliance tips and best practices.
In California, non-exempt employees who are not part of a proper alternative workweek schedule are entitled to overtime wages at one and one-half times the employee’s regular rate of pay for any time worked over (a) eight (8) hours in a single workday, (b) forty (40) hours in a single workweek, or (c) six (6) days in a single workweek. Further, overtime is paid out at double an employee’s regular rate of pay for any time worked (a) in excess of twelve (12) hours in a single workday or (b) in excess of eight (8) hours on the seventh day of a workweek.
For many employees, the calculation is simple enough using the employee’s base hourly rate multiplied by either 1.5 or 2.0 to determine the Overtime or Double Overtime rate for the corresponding hours in accordance with the above requirements. However, the regular rate of pay calculation may become increasingly more complicated when other forms of remuneration, such as incentives, are paid out, or when an employee is paid at multiple rates.
Below is a list of some of the primary forms of other “remuneration” that employees may receive as well as a discussion of when such payments may or may not impact the regular rate of pay calculation:
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