Under California Labor Law, employers cannot require a worker to work for greater hours than the workday or the workweek, unless appropriate payments are made for the extra time worked. For the purpose of the law, 8-hours of work comprises a “workday”, and 6-days of a total of 40-hours constitutes a workweek. An employee cannot be asked to work more hours in his/her work day or work week, without being compensated with adequate overtime pay.
Jobs involving shifts of 10 or 12 hours are exempt from this law. Under the Fair Labor Standards Act, Section 13(a) (1) also exempts Administrators, Executives and other professionals earning a minimum of $455 a week from being paid overtime.
Depending on the circumstances and the amount of additional hours worked, employees must be paid time and one-half of their regular rate, or double time pay for any excess hours worked. As an employee, you are entitled to receive 1.5-times your regular pay rate for any hours in excess of 8 hours worked, for up to and including 12 hours in any workday, as well as for the initial 8 hours of overtime that you may put in on the 7th consecutive day in a work week.
Additionally, a double time rate is applicable for any hours in excess of the hours specified above. Therefore, you are entitled to be paid twice your normal pay rate for any hours exceeding 12 hours in a work day, as well as for any hours over and above 8 hours worked on the 7th consecutive day in any given workweek.
Under the law, overtime is payable even if the employee was not authorized to, but does work the extra hours. Where employees are asked to work during legitimate meal or rest breaks, they are entitled to receive premium pay worth one hours pay at their regular rate of pay. Where an employee works on a holiday, the law does not require employers to make any extra payment for such work. Employers, at their discretion, may pay holiday premium pay, or offer a paid holiday in lieu of such work.