Overtime/Double-Time:

 

Under California law, any work in excess of 8 hours in one workday, in excess of 40 hours in any one workweek, or the first 8 hours worked on the seventh consecutive day of work in a workweek must be compensated at a rate of no less than one and one-half times the employee’s regular rate of pay (known as "overtime").  (Labor Code § 510.)  Any work in excess of 12 hours in one workday, and any work in excess of 8 hours on the seventh consecutive day of work in a workweek, must be compensated at a rate of no less than twice the employee's regular rate of pay (known as "double-time").  (Id.)

 

Wages are defined in Labor Code § 200 as "[a]ll amounts for labor performed by employees of every description, whether the amount is fixed or ascertained by the standard of time, task, piece, commission basis or other method of calculation."  The following are included in the definition of wages for purposes of calculating the "regular rate of pay" for purposes of overtime/doubletime pay and rest and meal period premiums:

  • Hourly earnings;
  • Salary;
  • Piece-work earnings;
  • Commissions;
  • Nondiscretionary bonuses (based on hours worked, production, or proficiency);
  • Shift premiums;
  • Employee's share of service charges; and
  • The value of meals and lodging.  (DLSE Enforcement Policies and Interpretations Manual § 49.) 

If you are an employee who has been subjected to wage theft, send Lebe Law a message to set up a free consultation:

 

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