In most states, overtime is fairly simple. A standard workweek is considered to be 40 hours. If someone works more than 40 hours, then they are eligible for overtime pay for all of the excess. For instance, a person who worked 42 hours would receive their standard wage for the first 40 and then time and a half for the additional two.
This is also true in California. However, there are some other requirements under the law that are important for both employers and employees to understand. California’s overtime laws are different from those found in other parts of the country.
When overtime kicks in
The difference is essentially when employers are required to pay overtime. It applies on a daily basis. If someone exceeds eight hours in a single workday, then they should get overtime pay for any additional hours.
On top of that, if someone works more than 12 hours in a day, then they should be paid twice their normal wages. This is significantly more than the time and a half provided by standard overtime pay.
Finally, all of this applies even if the person doesn’t reach 40 hours during the week. For instance, someone may work nine hours one day and 13 the next, and that’s all of their work for the week. Despite the fact that this is only 22 total hours, they would deserve one hour of overtime pay on the first day, four hours of overtime pay on the second day, and one hour of double time.
Resolving a conflict
In some cases, employers and employees find themselves in conflict over when overtime applies or how much should be paid. They need to understand what legal steps to take at this time.