California Labor Laws: Overtime
California overtime law requires employers to pay overtime at a rate of one and one-half times the employee’s regular rate of pay for every hour worked beyond 8 hours in a single day or 40 hours in a single week. State law also requires:
- One and one-half times the employee’s regular rate of pay for the first 8 hours worked on the seventh consecutive day of work in a workweek; and
- 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.
Salaried employees must also be paid overtime unless they meet the requirements for exempt status.
California Labor Laws: Breaks
California break laws entitle nonexempt employees to a 30-minute off-duty lunch break if they work more than 5 hours in a workday, and 10-minute breaks every 4 hours worked. A second 30-minute meal break must be provided if an employee works more than 10 hours.
California lunch break law also requires that employers do the following during the meal period:
- Relieve employee of all duty.
- Relinquish control over the employee’s activities.
- Permit them a reasonable opportunity to take an uninterrupted 30-minute break.
- Does not impede or discourage the employee from doing so.
In certain circumstances, an on-duty meal period is allowed if it meets the following conditions:
- The nature of the work prevents an employee from being relieved of all duty.
- It was agreed to in writing by the employee.
- It must be paid.
- It can be revoked at any time in writing by the employee, except under Wage Order 14 (Agricultural Occupations).
California break laws provide the following protections for workers:
Missed Meal Break: For each workday that you were not provided a meal period, as required, your employee must pay you one additional hour of pay at your regular rate. You have up to three years to claim unpaid wages.
Missed Rest Break: If a rest break is not given, you are owed one hour of pay, which must be included in the next paycheck.
Off-the-Clock Work
Federal and state labor laws prohibit employers from allowing employees to do off-the-clock work without pay – whether they know about the work or should have known about it, or whether the work was required or not. This includes preshift and postshift duties, including time waiting for work.
Join a Free Class Action Lawsuit Investigation
Work laws in California are some of the most generous in the country, but they can also be difficult to navigate. Speaking with a California labor law attorney can help you determine if you meet the requirements to seek backpay of unpaid overtime, minimum wage, missed lunch breaks, or more. Obtain a free case evaluation from one and see if you qualify to join a class action lawsuit against an offending company by filling out the form at the top of this page now.
This investigation impacts California employees only. If you reside outside of California, please click here to submit your information to an employment attorney in your state.