Wilner & O'Reilly, APLC
One Practice. One Focus. One Passion: Immigration Law.

How is overtime pay determined?

Employees in California are entitled to receive special overtime pay for any hours that they work beyond what is considered a normal workday or workweek. In California, a normal workday lasts for eight hours, and a normal workweek includes six working days and no more than 40 hours of work.

If an employee works for more than eight hours in a single day or for more than 40 hours in a single week, the employer must pay that worker one and one-half times their regular rate of pay to compensate them for the excessive hours. Any work that exceeds 12 hours in a single day entitles the worker to double their regular rate of pay. An employee who works for seven consecutive days should be paid double for any working hours that exceed eight on the seventh day.

California overtime laws affect all nonexempt workers who are over the age of 18. Minor employees aged 16 or 17 are also entitled to overtime pay as long as they are not barred from employment due to school attendance requirements or other reasons. Employees in California cannot legally waive their right to overtime pay, and payment of overtime wages must be paid regardless of whether or not the overtime was authorized by the employer.

An immigrant who is legally entitled to work in California has the same rights to receive overtime compensation as any other worker. If an employer has not been compensating a worker for excessive hours that they worked, the worker may want to speak with employment immigration attorneys about the situation. Every situation is unique, and the information in this blog is not meant to be confused with legal advice.

Source: CA.Gov, "Overtime", October 24, 2014

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