Out of all 50 states, California is particularly recognized for its employee-friendly laws, particularly when it comes to overtime pay. Their Overtime Law of 2022 mandates that employers pay all staff members within the state additional pay for work above and beyond the 40 hours.
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Employers are required to adhere to state and federal overtime rules. Federal OT mandates are detailed in the Fair Labor Standards Act (FLSSA). Differences between state and federal overtime rules are resolved by what best benefits the employee.
Non-exempt employees who qualify for overtime receive pay at the following:
- Time and a half (1.5 times) the regular rate when work time exceeds eight hours in a workday
- More than 40 hours in a workweek
- The initial eight hours worked on the 7th consecutively worked in any workweek
Double-time represents the overtime rate of twice the staff members pay for
- More than 12 hours in a workday
- Eight hours on the seventh consecutive workday in a workweek.
Overtime is not required for a regular schedule, which is not more than 10 hours/workday.
California workdays are usually 24 hours long, starting anytime in the morning, afternoon, or evening. Ideally, the following workday should start at the same time. Weeks are seven consecutive 24-hour periods or 168 consecutive hours. Weeks can start any time of day, provided that it is fixed and recurring. Once 168 consecutive hours end, so does the workweek.
Workdays and workweeks can only be changed if the modifications are permanent and avoid overtime pay.
Workers qualifying for overtime pay must meet certain qualifications for eligibility that includes:
- Older than 18 years old or 16 if legally permitted to leave school for work
- Working in a non-executive capacity
- A non-professional role
- Must not fall into any other exemption categories
California employment laws have undergone constant change. Alterations are likely in the future, so employers must stay up on the latest modifications in work-related regulations.