In general, California overtime provisions require that all nonexempt employees (including domestic workers) receive overtime pay at a rate of 1.5 times their regular rate of pay for all hours worked in excess of 8 per day and 40 per week. These overtime rules apply to all nonexempt employees. Most nonexempt employees are commonly paid on an hourly basis, but California overtime law includes nonexempt employees who are paid on a piece rate, daily rate or salary basis. For more on overtime rate calculations for rates other than hourly, see the explanations at the end of this document.
The California overtime law has a number of exemptions. An "exemption" means that the overtime law does not apply to a particular classification of employees. Any employee who does not meet the requirements of a specific exemption is regarded to be nonexempt. The overtime law also has several exceptions. An "exception" means that overtime is paid to a certain classification of employees on a basis that differs from that stated above.
Alternative workweek schedules are not addressed in this how-to guide. If your organization has an alternative workweek schedule, the daily overtime rules will differ. See How to Implement Alternative Workweek Schedules in California.
This how-to guide addresses only the steps necessary to comply with California's general overtime provisions. It is not meant to be nor should it be construed as legal advice, and employers should seek the guidance of independent...
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