Double Time vs. Overtime — Our Lawyers Explain California Double Time Laws
California’s double time laws are generous compared to federal law and the laws in several other states. Not only do double time laws in California demand that employers pay non-exempt employees an overtime premium in more situations than federal law requires, but CA double time laws also requires employers to pay double-time premiums in certain working conditions.
If you are a non-exempt employee working long hours, make sure your paycheck reflects the overtime and double-time laws in California.
An employer that refuses to comply with California double time laws and overtime laws commits wage theft and owes you money. Starpoint employment lawyers have an impeccable record and can help you recover what your employer owes you.
Overtime vs. Double Time in California
Your right to overtime pay depends on how many hours you work in a day and how many days you work in a week. If you work a certain amount of time beyond standard overtime hours, California double time law requires that your employer pay you twice your regular rate.
Below, our wage and hour attorneys review what working conditions trigger CA overtime and CA double time laws.
When Am I Entitled to Overtime in California?
Under federal law, non-exempt employees are entitled to 1.5 times their regular pay whenever they work more than 40 hours in a workweek. California overtime law extends this entitlement to several more work scenarios.
In general, a non-exempt California employee is entitled to 1.5 times their pay rate when they:
- Work more than 40 hours in a workweek,
- Work more than eight hours in a workday, or
- Work up to eight hours on their seventh consecutive day of work in a workweek.
A workweek is seven consecutive days, and it can start on any day your employer chooses as long as the starting day remains the same.
And a workday is a 24-hour period that starts at the same time each day. Your employer cannot switch around beginning times and days for workweeks and workdays if its intention is to avoid overtime pay obligations.
When Am I Entitled to Double Time in California?
Under Califonia double time laws, an employer must pay an employee twice their regular pay rate if the employee:
- Works more than 12 hours in a workday or
- Works more than eight hours on the seventh consecutive day of work in a workweek.
You should regularly inspect your paychecks to make sure that you are receiving all overtime and double-time premiums required by California law.
Who Is Exempt from California’s Overtime and Double Time Requirements?
As you likely noticed, we mentioned that the overtime and double time laws only apply to “non-exempt” employees. Exempt employees are not entitled to these premiums.
Among the employees who are fully or partially exempt from the overtime or double time laws are:
- Executive employees;
- Administrative employees;
- Professional employees;
- State and local government employees;
- Outside salespeople;
- Parents, spouses, and children of an employer;
- National service program employees,
- Certain regulated drivers;
- Highly paid employees;
- Commercial fishing crew members;
- Airline employees;
- Full-time carnival ride operators;
- Certain employees working in theater or film;
- Certain employees in television or radio; and
- Personal attendants.
Do not let your job title discourage you from inquiring about your overtime and double-time rights. If you suspect that your employer is not paying all you are owed, speak to an employment attorney immediately.
Filing a Complaint
If your employer has been withholding overtime or double time pay in California, you can file a lawsuit or a wage claim with the California Labor Commissioner’s Office. You have three years to file a wage claim.