Many employers assume that if they have to pay for overtime hours, it means paying time and a half. And this is often true. If workers exceed 40 hours during the week or even eight hours in a single day, this triggers overtime payments, which should be time and a half of the employee’s standard wage.
For example, if an employee earns $30 an hour and works nine hours in one day, they should be paid $45 an hour for the extra hour. They have put in overtime even if they have not exceeded 40 hours during the week. This is one of the ways that overtime in California is different from other states.
Exceeding 12 hours
An employer needs to pay double time when an employee works more than 12 hours in a single day. The total for the week doesn’t necessarily matter.
For example, say that the employee noted above works 13 hours in one day and their normal hourly rate is $30 per hour. Even if that’s the only day they work that week, they should be paid:
- Their standard rate of $30 for the first eight hours
- $45 an hour (time and a half) for the next four hours
- $60 an hour (double time) for the final one hour
Understanding how this works is important for both employers and employees. Employers need to be aware of their obligations, and employees need to ensure they are being paid fairly. It’s especially important for workers moving from another state, as different states have different overtime rules. In many states, overtime is only required after 40 hours in a week.
Navigating a dispute
In some cases, employers and employees may find themselves in a serious dispute over wage and hour issues. It is essential to understand the legal options available to resolve these conflicts.