Ontario, CA asked in Employment Law for California

Q: In California do I get paid overtime for any hours over 8 hours a day regardless of weekly hours?

If I work 10 hours a day one day but not over 40 hours in a week do I get paid overtime? And if I woke 10 hours a day and also over 40 hours a week do I get paid overtime each day and for the week or is it one or the other?

Ex: if I work 10 hours a day 5 days a week, how many hours overtime am I owed?

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3 Lawyer Answers
Brad S Kane
Brad S Kane
Answered
  • Los Angeles, CA
  • Licensed in California

A: Generally speaking, if you are a non-exempt employee, i.e. you are paid hourly, you are entitled to overtime if you work over 8 hours a day, even if you do not work over 40 hours per week.

If you work 5 days at 10 hours per day, then you are owed 10 hours of overtime pay.

Neil Pedersen agrees with this answer

Maya L. Serkova
Maya L. Serkova
Answered
  • Orange, CA
  • Licensed in California

A: Nonexempt employees in CA should be paid time and one half for all hours over 8 hours per day/ more than 40 hours per week per your 8-hour shift. There is one statutory exception that allows the majority of employees to vote to work 4 ten-hour workdays. If the majority of workers there at the time vote for a 4/10 schedule, then overtime is not earned until the employee works more than 10 hours in a workday, or more than 40 hours in the workweek.

James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: In California, employees are entitled to receive overtime pay at a rate of one and a half times their regular pay rate for all hours worked over 8 hours in a workday or 40 hours in a workweek, whichever is greater. This means that if you work more than 8 hours in a day, you are entitled to overtime pay for those hours, regardless of the total number of hours you work in a week.

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