Jonah Patel
In California, overtime laws are designed to ensure that employees are fairly compensated for working longer hours. These laws apply to both full-time and part-time workers, with no distinction between the two in terms of hours worked. Generally, part-time employees are those working fewer than 40 hours per week or eight hours per day. In California, non-exempt employees are entitled to overtime pay if they work more than eight hours in a workday or more than 40 hours in a workweek. This overtime pay is typically calculated at a rate of one-and-a-half times the employee's regular rate of pay, also known as time and a half. However, there are exemptions and exceptions to these laws, with certain categories of employees, such as executives and administrators, being exempt from receiving overtime pay.
| Characteristics | Values |
|---|---|
| Overtime rate of pay | Time and a half (1.5 times the worker's regular rate of pay) |
| Double-time pay | Twice the worker's regular rate of pay |
| Minimum shift length | No minimum as per California part-time hours law |
| Workweek | Any seven consecutive days, starting with the same calendar day each week |
| Workday | Any consecutive 24-hour period starting at the same time each calendar day |
| Overtime eligibility | Based on actual hours worked, not job titles or employment classifications |
| Exempt employees | Executive, professional, and some administrative employees |
| Non-exempt employees | Entitled to overtime pay if they work more than 8 hours in a workday or 40 hours in a workweek |
| Overtime payment deadline | Second regular payday following the overtime work |
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What You'll Learn
Part-time workers are entitled to overtime pay
In California, part-time workers are entitled to overtime pay, just like their full-time counterparts. This is to ensure that employees are fairly compensated for extended work hours. The determination of overtime eligibility is based on actual hours worked, rather than job titles or employment classifications.
Part-time workers in California are entitled to overtime pay in the following scenarios:
- Working more than eight hours in a single day.
- Working more than 40 hours in a single week.
- Working on the seventh day of work in a single workweek.
In these cases, part-time workers must receive overtime pay at a rate of one and a half times their regular rate of pay. This means they will be paid one and a half times their regular hourly wage for each hour worked beyond eight hours in a day or 40 hours in a week. For example, if a part-time employee's regular rate of pay is $20 per hour, their employer must pay them $30 per hour for any additional time worked beyond eight hours in a day or 40 hours in a week.
It is important to note that there are some exemptions to the overtime law. Certain categories of employees, such as executive, professional, and administrative employees who meet specific criteria related to their duties and salary, may be exempt from receiving overtime pay. However, just because an employer designates an employee as "exempt" does not mean they are legally exempt. To be legally classified as exempt in California, an employee must meet specific criteria, including spending the majority of their time on exempt work and earning an annual salary that is at least twice the state minimum wage.
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Overtime pay calculation
In California, overtime pay is calculated at a rate of one-and-a-half times an employee's regular rate of pay, also known as "time and a half". This means that non-exempt employees who work more than eight hours in a single day or over 40 hours in a week are entitled to receive overtime pay. For example, if an employee's regular rate of pay is $20 per hour, the overtime rate for each hour worked beyond the standard schedule would be $30 per hour. This law does not apply to exempt employees, who are typically paid for their job duties and responsibilities rather than the number of hours worked.
Exempt employees usually hold higher-level positions and have more autonomy in their work, exempting them from overtime rules. To be legally classified as exempt, employees must meet specific criteria related to their duties and salary. They must spend the majority of their time on exempt work and be paid an annual salary that is at least double the state minimum wage. In 2023, the minimum salary for exempt employees was $64,480. It is important to note that just because an employer designates an employee as "exempt" does not automatically make them exempt; they must meet the legal criteria.
In California, a workweek is defined as any seven consecutive days, starting with the same calendar day and beginning at any hour, as long as it is fixed and regularly occurring. An employer may establish different workweeks for different employees, but once established, it remains fixed unless changed permanently. A workday is defined as any consecutive 24-hour period starting at the same time each calendar day and may also vary for different classes of employees. If an employer does not establish a start time, the workday is considered to be from 12:01 am to midnight.
To calculate the hourly rate for a non-exempt employee paid a fixed weekly salary, the following steps can be taken:
- Multiply the monthly remuneration by 12 to obtain the annual salary.
- Divide the annual salary by 52 (weeks) to get the weekly salary.
- Divide the weekly salary by the number of regular work hours up to the legal maximum hours per week (40) to determine the regular hourly rate.
Overtime wages must be paid by the second regular payday following the overtime work. This allows employers extra time to collect funds to compensate for overtime pay. However, any straight-time hours worked must be paid on the regular payday of the payroll period in which they were earned.
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Exempt vs non-exempt employees
In California, the general overtime provisions are that a non-exempt employee aged 18 or older (or a minor employee aged 16-17 who is not required by law to attend school) should not be employed for more than eight hours in a workday or more than 40 hours in a workweek unless they receive overtime pay. Overtime pay is one-and-a-half times the employee's regular rate of pay for all hours worked over eight hours up to and including 12 hours in any workday, and for the first eight hours worked on the seventh consecutive day of work. In some cases, employees receive double their regular pay for working overtime.
In California, the distinction between exempt and non-exempt employees is based on various factors, including income, job title, and work duties. The state sets specific limits and guidelines in the law for what constitutes exempt vs. non-exempt jobs. California sets a minimum salary for jobs to be classified as exempt. Jobs that pay less than $58,240 a year (as of January 1, 2021) are generally classed as non-exempt. This figure is double the state minimum wage of $14 per hour, multiplied by 52 40-hour workweeks. For companies with 25 or fewer employees, the limit is slightly lower at $54,080 a year for non-exempt workers.
Job titles that denote management and senior supervisory positions are more likely to be considered exempt, while hourly employees are almost always classed as non-exempt. However, job titles alone do not determine an employee's status, and even employees with impressive job titles may not qualify for exempt status if their actual duties do not meet the requirements. To be considered exempt, an employee generally needs to meet a strict duties test, with more than 50% of their time spent performing exempt job duties.
Certain exemptions apply to specific professions. For example, computer professionals engaged in high-level duties such as systems analysis or software design are exempt from overtime pay, provided they meet the required salary threshold. Similarly, salespeople are grouped into two categories—outside and inside salespeople—with different tests for exempt status applying to each.
In edge cases, such as jobs with vague descriptions or unclear employment terms, California labour commissioners consider the benefits and other less tangible elements of a position to determine its final classification. They weigh various factors, including wages, benefits, paid time off, specific job duties, and the level of supervision required.
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Workday and workweek definitions
In California, a workday is defined as any consecutive 24-hour period starting at the same time each calendar day. The workday can begin at any time of day, and different workdays can be established for different classes of employees. If an employer does not establish a workday starting time, the workday is considered to last from 12:01 a.m. to midnight.
Employers cannot change workday start and end times unless there is a legitimate business reason. Employees are entitled to overtime pay for working more than eight hours on a particular workday, even if they usually work eight or fewer hours a day on average. However, people who normally work fewer than eight hours a day are not entitled to overtime pay if they work a full eight hours; they would receive their normal wage for those eight hours.
A workweek in California is defined as any seven consecutive days, starting with the same calendar day each week, beginning at any hour on any day, as long as it is fixed and regularly occurring. An employer may establish different workweeks for different employees, but after an employee's workweek is established, it remains fixed regardless of their working schedule. An employee's workweek may only be changed if the change is intended to be permanent and is not designed to evade the employer's overtime obligations.
In California, a standard full-time schedule is generally considered to be 40 hours per week or eight hours per day. However, there is no strict legal definition distinguishing part-time from full-time employment in terms of hours worked. Part-time employees are generally those who work fewer hours than the standard full-time schedule.
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What to do if your rights are violated
In California, overtime (OT) laws require non-exempt employees to earn one-and-a-half times their regular pay rate when they work extra hours. Employees are entitled to overtime pay for working more than eight hours on a particular workday, and more than 40 hours in a single workweek. In some cases, employees receive double their regular pay for working overtime.
If you believe your rights as a part-time employee in California have been violated, here are some steps you can take:
- Understand your rights: Familiarize yourself with the relevant employment laws and regulations that apply to part-time employees in California. This includes overtime laws, minimum wage requirements, and protections against discrimination and retaliation.
- Document the violation: Keep detailed records of any instances where you believe your rights have been violated. This may include saving relevant emails or messages, making notes about conversations or incidents, and gathering any other evidence that may support your claim.
- Report to HR: Consider going to your company's human resources department to discuss the issue and show them the evidence of your violated rights. This step may be enough to resolve the situation.
- File a complaint: If the issue is not resolved through HR, you may need to take legal action. You can file a complaint with the Labor Commissioner or the Civil Rights Department, or you may choose to file a traditional lawsuit.
- Seek legal assistance: Consult with an employment lawyer or legal advisor to understand your options and the best course of action for your specific situation. They can help you navigate the legal process and protect your rights.
- Refuse to sign: If your employer asks you to sign any documents that you are uncomfortable with, you have the right to refuse. Do not sign anything that may waive your rights or put you in a disadvantageous position.
- Request your personnel file: Ask your employer for a copy of your personnel file, as well as any relevant employment contracts or handbooks. This documentation can be useful for understanding your rights and any violations that may have occurred.
- Privacy rights: As an employee in California, you have a reasonable right to privacy in the workplace. This includes personal phone conversations and certain personal possessions. Be aware of your privacy rights and take action if you feel they have been infringed upon.
- Wrongful termination: If you are terminated from your job in violation of your rights, you may have a claim for wrongful termination. This includes being fired in violation of an employment contract, for discriminatory reasons, or as retaliation for exercising your legal rights.
- Sick leave: Full-time employees in California are entitled to paid sick leave. If you are denied sick leave or face retaliation for taking sick leave, your rights may have been violated.
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Frequently asked questions
Overtime is when a part-time employee works more than 8 hours in a day or 40 hours in a week.
Yes, part-time employees are eligible for overtime in California.
Overtime pay is calculated at a rate of 1.5 times the employee's regular rate of pay. This is often referred to as "time and a half".
Yes, some employees are exempt from overtime rules, including executive, professional, and some administrative employees.
California employers must pay overtime by the second regular payday following the overtime work.
