California state law regarding overtime pay

Posted on 2012-08-29
Last Modified: 2012-08-31
I wanted to know what the California state law states as far as working any overtime?  Lastly, If given the option to take either 1 1/2 times my normal hourly pay or taking the time off, what would be the pros/cons to either situation?

I welcome your thoughts on the subject.
Question by:vulture71
    LVL 26

    Expert Comment

    For a orrect opinion on California law consult a California lawyer.
    If money is a problem there are often free consultations available. Contact local bar association
    1.5 normal pay gives you money. Time off gives you time. Your choice. (It is unlikely that you can get temporary work elsewhere at 1.5 times your current rate.
    LVL 25

    Accepted Solution

    In California, the general overtime provisions are that a nonexempt employee 18 years of age or older, or any minor employee 16 or 17 years of age who is not required by law to attend school and is not otherwise prohibited by law from engaging in the subject work, shall not be employed more than eight hours in any workday or more than 40 hours in any workweek unless he or she receives one and one-half times his or her regular rate of pay for all hours worked over eight hours in any workday and over 40 hours in the workweek. Eight hours of labor constitutes a day's work, and employment beyond eight hours in any workday or more than six days in any workweek is permissible provided the employee is compensated for the overtime at not less than:
    1.One and one-half times the employee's regular rate of pay for all hours worked in excess of eight hours up to and including 12 hours in any workday, and for the first eight hours worked on the seventh consecutive day of work in a workweek; and
     2.Double the employee's regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek.

    There are, however, a number of exemptions from the overtime law. An "exemption" means that the overtime law does not apply to a particular classification of employees. There are also a number of exceptions to the general overtime law stated above. An "exception" means that overtime is paid to a certain classification of employees on a basis that differs from that stated above.
    LVL 26

    Expert Comment

    1.5 normal pay gives you money. Time off gives you time.

    That kind of depends on whether it's "paid" time off or not. If you work for an hour overtime but only get regular rate and also get a paid 'comp time' hour off later, it's practically double-time overtime pay. The terms must be clear.

    LVL 25

    Expert Comment

    I've been out of work for years.
    I think an employer can offer you over time, but they may not be able to force you to work over time.
    Not sure, and it may be different from one state to another.

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