Who Is Entitled to Overtime Pay?

In California, overtime pay laws are designed to ensure that eligible employees who work for more than the required hours in a workday or workweek are properly compensated. However, not all employees in the state are entitled to overtime pay. If you’re a nonexempt employee and your employer has denied you your mandatory overtime pay, you might be eligible to file a complaint with the Labor Commissioner. 

At the Law Offices of Charles P. Boylston, our attorneys are here to help. We are committed to offering experienced legal guidance and representation to clients in employment law-related matters, including overtime pay. Our California employment law attorneys can help you understand the state’s overtime pay requirements and determine your eligibility.  

We’re proud to serve clients in Temecula and across Southern California, including Orange, San Diego, Los Angeles, and Riverside counties. If you're ready to discuss your case, call to set up a one-on-one consultation with us today. 

Who Is Entitled to Overtime Pay?  

In the United States, both state and federal laws require employers to pay qualified employees who work overtime—depending on the daily or weekly overtime standard. Nonexempt employees who work beyond 40 hours in a workweek are entitled to receive overtime pay for every extra hour worked. 

Federal Law 

Employees who are covered by the Fair Labor Standards Act (FLSA) are entitled to receive overtime pay for every hour worked beyond 40 hours in a workweek. This overtime pay must be at least 1.5 times the employee’s regular rate of pay. 

California Law 

According to California law, nonexempt employees are entitled to receive mandatory overtime pay—of 1.5 times the employee’s regular rate of pay—for every hour worked for more than: 

• 8 hours in a workday, 

• 40 hours in a workweek, or 

• 6 consecutive days in a workweek. 

The employer must pay 2 times the employee’s regular rate of pay when the employee works for more than: 

• 12 hours in a workday, or 

• 8 hours on the 7th consecutive day in a workweek. 

In either situation, only nonexempt employees are entitled to receive more than their regular rate of pay for overtime hours worked. Exempt employees will still be paid their regular rate for all extra hours worked. 

Exempt vs. Nonexempt Employee  

In California, exempt employees include workers who work in administrative, outside sales, professional, executive, and computer-related fields. These employees often have the liberty to exercise their independent discretion and judgment. Also, exempt employees receive a fixed salary at least twice the state’s minimum wage. Generally speaking, exempt employees do not receive overtime pay. 

Nonexempt employees are workers who perform more technical or manual duties. These employees are normally paid hourly. They are entitled to minimum wage and overtime pay when they work more than the required working hours in a workday or workweek. 

Employees Who Are Not Entitled to Overtime Pay 

Here are some common employees who are not entitled to receive overtime pay in California: 

• Exempt employees 

• Independent contractors 

• Occupations with specified overtime rules, such as camp counselors, personal attendants, and live-in household employees 

• Employees who have an alternative workweek schedule 

• Outside salesperson 

• Unionized employees who have signed a collective bargaining agreement 

An experienced attorney can enlighten you about the overtime policies in the state and help determine if you’re eligible for overtime pay. 

Overtime Policies  

Here are some overtime policies and rules addressing overtime pay in the state of California: 

Unauthorized Overtime  

Under California law, employers are required to pay workers who work unauthorized overtime once the employer is aware of it. Whether the overtime was authorized or unauthorized, the employer is still under obligation to pay if they know about it. 

Mandatory OT 

According to California law, nonexempt employees may qualify for mandatory overtime pay when they work more than: 

8 hours in a workday, 

40 hours in a workweek, or 

6 consecutive days in a workweek. 

Comp Time Instead of OT 

Additionally, California laws allow employees to offer compensatory time off (comp time) to non-exempt employees in lieu of overtime pay under strict conditions. These include: 

• There must be a written request by the employee. 

• The employer must keep detailed records that accurately reflect compensatory time earned and used. 

• The employee cannot accumulate more than 240 hours of comp time. 

• The employee must be scheduled to work for at least 40 hours in a workweek. 

• The employer must pay accumulated but unused compensatory time once terminated. 

Understand Your Workers’ Rights 

As an employee, understanding your rights to overtime pay is crucial to ensure that you receive your deserved compensation for working extra hours. If you’ve been denied your mandatory overtime pay, hiring a skilled employment attorney is vital. 

At the Law Offices of Charles P. Boylston, we are ready to support and represent clients in their overtime pay claims. Whether you’re trying to recover your denied overtime pay or want to defend yourself against an overtime pay violation lawsuit, our reliable legal team can offer you the skilled representation and reliable advocacy you need. 

Contact us today to schedule a simple case assessment with one of our employment law attorneys. We proudly serve clients in Temecula and across Southern California, including Orange, San Diego, Los Angeles, and Riverside counties.