To calculate his overtime pay: Take the total amount of hours (48) and subtract 40 hours to get the amount of overtime owed = 8 hours weekly overtime Determine the blended rate by taking the total amount of wages (($13.00×24) + ($12.00×24)) and divide by the total number of hours worked (48) = ($312 + $288) / 48 = $12.50 blended rate How can employers be sure to be legally compliant in the calculations? In this case, there were 11 daily/seventh-day overtime hours and 3 weekly overtime hours so the employee is entitled to the greater of the two, or 11 overtime hours. 8, § 11170, subd. In California, overtime must be paid to nonexempt employees in most occupations when the employee works: When California law requires an employer to pay overtime, the usual overtime rate of pay is one and one-half the employee’s regular rate of pay.⁠41 This is often known as being paid “time and a half.”. § 207; Labor Code, § 510, subd. Employee's overtime pay rate = $21.75 (the regular rate of pay is $14.50 ($12 hourly wage + $2.50/hour bonus). Step 2: Multiply the per-hour bonus by 1.5 and the hourly wage by 1.5 and then add those products. Do the same for the double overtime rate and hours. Foodliner, Inc. (9th Cir. 8, § 11040, subd. It is unlawful to pay a higher hourly rate during weeks when no overtime is worked and a lower hourly rate during weeks when employees work overtime in order to reduce the employee’s regular rate. 8, §§ 11010⁠–⁠11170, subds. Calculating Overtime in California: First Determine the Regular […] 8, §§ 11010⁠–⁠11170, subds. 337, 339] [establishing federal standard for compensable time spent performing preliminary tasks].↥, Compare Bamonte v. City of Mesa (9th Cir. The California Supreme Court ruled that when an employee receives a flat-sum bonus, it should be factored into their regular rate of pay by dividing the amount of the bonus by the total number of non-overtime hours actually worked during the relevant pay period. The payment of higher wages for hours that exceed a normal amount of work serves two goals. 3.↥, Cal. 4th 833, 845⁠–⁠846. California Overtime Calculator . Example: Donald’s regular rate of pay is $25 an hour. California overtime laws do not require employers to pay employees overtime rates for hours exceeding the daily 8-hour limit and then to count those same hours toward the weekly overtime hours. To qualify as an exempt employee, the worker must meet certain criteria established by California law. Everything there is to know on how to deal with this calculation is explained below the tool. ©2020 ADP, Inc. All Rights Reserved. Again, this chart does not necessarily cover all situations. The general rule is that the regular rate must be based on wages and most other forms of compensation an employee earns for work performed during the workweek, excluding overtime.⁠51. )↥, Morillion v. Royal Packing Co. (2000) 22 Cal.4th 575, 582.↥, 29 U.S.C. 1(A)(2) [defining the administrative exemption].↥, See, e.g., Cal. If an employee is paid by the hour and receives no other compensation, the hourly rate of pay is the employee’s regular rate.⁠48, The regular rate of a nonexempt salaried employee who regularly works 40 hours per week is computed by dividing the weekly salary by 40.⁠49 Thus, a nonexempt employee’s salary only compensates them for regular, non-overtime hours.⁠50, The regular rate can be more difficult to compute under other circumstances⁠—⁠particularly when an employee receives more than one form of compensation. Code Regs., tit. The California Labor Codes 551 and 552 prescribe that the employees must have at least one day of rest during the week. Click "Calculate" button to view result. Step 3: Multiply the employee's overtime pay rate by the number of overtime hours. This website contains "communications" within the meaning of rules 7.1–7.3 of the California Rules of Professional Conduct. The employer must pay for the extra hours (including overtime) that the employee works.⁠100, On the other hand, an employer must pay for off the clock hours only if the employer “knows or should have known” that the employee worked those hours.⁠101 An employee may not conceal unauthorized work from an employer and then expect to be paid for that work.⁠102, Tasks that an employee must perform to prepare for work count as “hours worked” when they are an integral and indispensable part of the job.⁠103. (1990) 224 Cal.App.3d 16, 40.↥, Labor Code, § 204.3, subd. ), If you’re a visual learner, you can use the following chart as a quick reference guide. The default value for overtime rate of the overtime pay calculator is 1.5 times the regular rate. Employers may not ask employees to work off the clock.⁠97 If an employee is paid by the hour, the employer must keep track of those hours, including overtime hours, and pay the appropriate rate for all hours worked.⁠98. . When more than one overtime rate could apply, overtime hours must be compensated at whichever overtime rate is higher. 3.↥, See, e.g., Cal. In California, a flat-sum bonus is generally considered to be a nondiscretionary bonus that does not increase or decrease based on the amount of time worked or production of the employee (for example, a $30 bonus for any employee who works Saturday, regardless of how many hours they work during the rest of the workweek). ].↥, See Seymore v. Metson Marine, Inc. (2011) 194 Cal.App.4th 361, 375⁠–⁠376 [collecting cases], disapproved on other grounds by Mendiola v. CPS Security Solutions, Inc. (2015) 60 Cal. Here is an illustration of how overtime pyramiding can mistakenly occur: The problem in this example is that, beginning on the Thursday, all hours worked technically exceed 40 hours in the workweek even though many of those initial 40 hours were paid at an overtime rate. For this example, let's assume we did the daily and weekly overtime analysis and determined the employee is entitled to a total of 11 overtime hours, and one of these hours must be compensated at 2 times her regular rate of pay. In the end, employees who are not paid for on call hours and who believe they might be entitled to overtime wages for those hours should seek advice from an employment lawyer. Code of Regs., tit. Under California law, nonexempt employees must be paid daily overtime as follows: One and one-half times the employee's regular rate of pay for all … Whether the employer imposes an on-site living requirement; How much time the employee is given to report after being called in to work; Limits on the distance from the employer the employee is realistically free to travel while on call; The frequency with which the employee is called in to work; Whether the employee is free to trade on-call duties with other employees; and, Whether the employee actually engages in personal activities while on call.⁠, The employer knew or should have known that the employee was working.⁠. For this example, let's assume we did the daily and weekly overtime analysis and determined the employee is entitled to a total of 10 overtime hours, all compensated at 1.5 times his regular rate of pay. If you any attorneys or law firms mentioned on this website, you are initiating a professional relationship with us within the meaning of rule 7.3, subdivision (a)(2), of the California Rules of Professional Conduct. $21.75 x 10 overtime hours = $217.50 in overtime compensation owed for hours 41-50, RESULT: $480 in hourly wages for hours 1-40 ($12 x 40 hours) + $100 bonus + $217.50 in overtime compensation for hours 41-50 = $797.50 in total compensation. 4th 833, 845⁠–⁠846.↥, Seymore v. Metson Marine, Inc. (2011) 194 Cal.App.4th 361, 369 [“[E]mployers may for bona fide business reasons establish an infinite variety of working schedules, including rotating and alternating schedules under which employees start at different times on different days.”], disapproved on other grounds by Mendiola v. CPS Security Solutions, Inc. (2015) 60 Cal. First, extra pay provides fair compensation to employees who sacrifice their free time by working long hours.⁠4, Second, overtime wages incentivize employers to hire more employees so they can avoid paying higher overtime wages. In this example, the employee worked one hour in excess of 12 hours on Saturday, and 5 hours in excess of 8 hours on Sunday (the seventh consecutive day she worked in the workweek). The California Labor Code provides multiple ways for workers to earn overtime. This post is for informational purposes only as a service to the public, and is not legal advice or a substitute for legal counsel. An employer designates a workweek to start on Monday and end on Sunday. Paying overtime is costly, so overtime laws encourage employers to divide up the workload among a reasonable number of workers. Hours during which an employee is subject to the employer’s control will count as “hours worked” even if the employer is not required or permitted to work during those hours.⁠55, As mentioned above, both federal and California law require nonexempt employees to be paid overtime when the employee works more than 40 non-overtime hours in a “workweek.”⁠56 A workweek, for these purposes, is not necessarily the same thing as a regular calendar week⁠—⁠which most people consider to start on Monday.⁠57. calculating overtime with employee bonuses in california Calculating overtime for weeks when a worker earns a “nondiscretionary” production bonus can be is a trap for unwary employers. (a) [requiring employer to keep record of “total hours worked by the employee”].↥, Morillion v. Royal Packing Co. (2000) 22 Cal.4th 575, 584⁠–⁠585.↥, Morillion v. Royal Packing Co. (2000) 22 Cal.4th 575.↥, Jong v. Kaiser Foundation Health Plan, Inc. (2014) 226 Cal.App.4th 391, 395; Forrester v. Roth’s I.G.A. 71 total hours(71 total hours – 40 straight-time hours = 31 weekly overtime hours ). 8, § 11140, subd. . Overtime thus contributes to higher employment rates, while saving many employees from the burden of excess work.⁠5. 8, §§ 11010⁠–⁠11170, subds. (b)(3) [“The employee has requested, in writing, compensating time off in lieu of overtime compensation.”].↥, Labor Code, § 204.3, subd. Employers don't have to compensate the same overtime hours more than once (also known as pyramiding). is responsible for all communications made on this website. 8, §§ 11010⁠–⁠11170, subds. 2010) 598 F.3d 1217, 1228⁠–⁠1229 [time spent changing into police uniform not compensable if officer has option of changing at home] with Steiner v. Mitchell (1956) 350 U.S. 247, 256 [76 S.Ct. 8, §§ 11140, subd. The rest of this article takes a closer look at these rules, and explains many of the caveats of California’s overtime laws. RESULT: This employee would be entitled to 1 hour of overtime at 2 times their regular rate of pay and 10 hours of overtime at 1.5 times their regular rate of pay. However, an overtime rate of twice the employee’s regular rate of pay (often called “double time”) applies to hours worked: Some of these words have a specific legal meaning. Subtract the employee’s daily overtime hours from the total hours the employee worked during the workweek. When determining an employee's regular rate of pay, you must include not only wages but also nondiscretionary bonuses and certain other types of compensation. Before adopting an alternative workweek, several requirements must be met. 1983) 719 F.2d 350, 352.↥, Huntington Memorial Hospital v. Superior Court (2005) 131 Cal.App.4th 893, 902.↥, Industrial Welfare Com. Most nonexempt employees in California have a legal right to receive overtime wages when they work long hours.⁠1, The amount of overtime depends on the length of the employee’s shift and the number of days he or she has worked in the workweek. Code of Regs., tit. (a) [“An employee may receive, in lieu of overtime compensation, compensating time off at a rate of not less than one and one-half hours for each hour of employment for which overtime compensation is required by law. If this article was helpful, you already know you can trust us. This website and its content are not intended to be relied on as legal advice, and should not be relied on as such. The FLSA or Fair Labor Standards Act requires employers to pay hourly employees 1.5 times their hourly pay for every hour over 40 in … The time card calculations allow you to choose overtime rates according to United States Federal overtime law or California laws. We use a written attorney-client agreement and no attorney-client relationship is formed with our firm prior to the signing of that document, unless otherwise explicitly agreed to. By doing so, you agree to recieve written "solicitations" or other marketing materials from our firm within the meaning of that rule. (a).↥, Huntington Memorial Hospital v. Superior Court (2005) 131 Cal.App.4th 893, 902 [“‘The purpose behind the overtime pay requirement is two-fold: (1) to spread employment by encouraging employers to avoid overtime work and thereby employ additional workers on a regular basis; and (2) where the employer prefers overtime work, to compensate the employee for the burden of working longer hours. So, according to the California overtime law, employers need to pay employees 1.5 times their regular hourly rates after 8 hours of work per day on weekdays and Saturdays. Overtime Calculator This overtime calculator figures your total overtime paycheck and the OT rate, together with the regular pay by taking account of the number of hours worked. 3(c)(2).↥, Cal. Code Regs., tit. Note that this calculation may differ from the calculation of the regular rate under federal law. (2)(M).↥, Cal. Overtime in California comprises hours worked outside of the standard 8-hours per day, and instances when employees work over 40-hours per week. § 216(b) [“Any employer who violates the provisions of section 206 or section 207 of this title shall be liable to the employee or employees affected in the amount of . (a) [“If an employer willfully fails to pay . The wage orders have adopted several exceptions to California’s overtime laws that apply to workers in specific industries or jobs. Code of Regs., tit. (a); see Cal. While this specific regulation applies to professional, technical, clerical, mechanical, and similar occupations, the same definition of “hours worked” appears in regulations governing overtime requirements for most other occupations. 4th 833, 845⁠–⁠846.↥, Seymore v. Metson Marine, Inc. (2011) 194 Cal.App.4th 361, 365 [“We agree with plaintiffs that it is not permissible for Metson to artificially designate the workweek in such a way as to circumvent the statutory requirement to pay overtime rates for the seventh consecutive day worked in a workweek.”], disapproved on other grounds by Mendiola v. CPS Security Solutions, Inc. (2015) 60 Cal. California has specific rules that govern when overtime is due and how overtime is calculated. (1)(C).↥, Cal. The federal minimum for overtime for hourly employees is that the person ​must be paid one and a half times the regular hourly rate for work over 40 hours a week. Code of Regs., tit. However, a rest period need not be authorized for employees whose total daily work time is less than three and one-half (3 1/2) hours.”].↥, Cal. 8, §§ 11010⁠–⁠11170, subds. 4th 1004, 1026⁠–⁠1027.↥, See 29 U.S.C. (b)(1) [“The compensating time off is provided pursuant to applicable provisions of a collective bargaining agreement, memorandum of understanding, or other written agreement between the employer and the duly authorized representative of the employer’s employees; or, in the case of employees not covered by the aforementioned agreement or memorandum of understanding, pursuant to a written agreement entered into between the employer and employee before the performance of the work.”].↥, Labor Code, § 204.3, subds. 1(D).↥, Sullivan v. Oracle Corp. (2011) 51 Cal.4th 1191, 1206 [“The California Labor Code does apply to overtime work performed in California for a California-based employer by out-of-state plaintiffs in the circumstances of this case, such that overtime pay is required for work in excess of eight hours per day or in excess of 40 hours per week.”].↥, Labor Code, § 1171.5, subd. Contacting any attorneys or law firm mentioned on this website, without more, does not create an attorney-client relationship. Step 3: To determine the overtime hours due to the employee at 1.5 times their rate of pay, subtract the overtime hours compensated at 2 times their regular rate of pay from the total overtime hours due. 8, § 11040, subd. When calculating overtime pay in California, you must use the employee's "regular rate" of pay, not the normal … (b); Seymore v. Metson Marine, Inc. (2011) 194 Cal.App.4th 361, 369, disapproved on other grounds by Mendiola v. CPS Security Solutions, Inc. (2015) 60 Cal. Code Regs., tit. When determining the total overtime hours due, compare the total daily/seventh-day overtime hours and the total weekly overtime hours and choose the greater number. shall be compensated at the rate of no less than one and one-half times the regular rate of pay for an employee.”].↥, Labor Code, § 500, subd. (Seymore v. Metson Marine, Inc., supra, 194 Cal.App.4th 361, 371. v. City of Madera (1984) 36 Cal.3d 403, 406 [constraints placed on the activities and conduct of employees during their mealtime were so restrictive that the employees were considered at work and thus entitled to overtime compensation. (1990) 224 Cal.App.3d 16, 40 [“The weekly overtime trigger of 40 hours is reached after the employee has worked 40 hours at straight or regular time, not the first 40 hours.”]; see also Labor Code, § 510, subd. This accomplished nothing apparent in the record other than the elimination of overtime. Employee's regular overtime pay rate = $21.75 (the regular rate of pay is $14.50). § 207 [covering overtime].↥, 29 U.S.C. California overtime is to be paid to nonexempt employees who are 18 years of age or older. 4th 833, 845⁠–⁠846.↥, Seymore v. Metson Marine, Inc. (2011) 194 Cal.App.4th 361, 369⁠–⁠370, quoting DLSE, Enforcement Policies and Interpretations Manual (Mar. 31 overtime hours due – 6 double overtime hours = 25 regular overtime hours due '”].↥, Post v. Palo/Haklar & Associates (2000) 23 Cal.4th 942, 946 [“[I]f an employer fails to pay wages in the amount, time, or manner required by contract or statute, the employee may seek administrative relief by filing a wage claim with the commissioner or, in the alternative, may seek judicial relief by filing an ordinary civil action for breach of contract and/or for the wages prescribed by statute.”].↥, 29 U.S.C. In this case, there were 23 daily overtime hours/seventh-day hours and 31 weekly overtime hours so the employee is entitled to the greater of the two, or 31 overtime hours. Overtime Pay Calculator. 1(A)(1) [defining the executive exemption].↥, See, e.g., Cal. 3(c)(6).↥, Cal. Federal law only requires overtime pay if the employee works more than 40 hours per week. Employers are therefore not required to count an employee’s daily overtime hours toward their weekly overtime hours.⁠76 Instead, the correct way to calculate an employee’s overtime is to follow these three easy steps: Put another way, the weekly overtime trigger of 40 hours is reached after the employee has worked 40 hours at straight or regular-time.⁠78 Using this method of calculating overtime, the example above would look like this: The key thing to note in this example is that the employee’s weekly overtime begins to accrue on Saturday⁠—⁠only after they have worked more than 40 non-overtime hours in the workweek. Saturday and Sunday § 515, subd: Donald ’ s overtime laws encourage employers to divide up the among. Of regular overtime hours employer willfully fails to pay Homes, Inc., supra, 194 361... The dispute informally with the employer, Bring a claim for unpaid wages and penalties with a government agency.⁠ for... Of overtime hours one workweek an employ works six days of 11 hours for each work day in a workweek... Rules ( Labor laws ) and also the 7 th consecutive working day rule the administrative exemption.↥. $ 25 an hour number is greater should be deemed as employee ’ s daily hours... Total against the weekly overtime hours the same overtime hours are credited toward their weekly overtime as damages.. The payment of higher wages for hours that exceed a normal amount of work serves goals... Not provide legal, financial, accounting, or tax advice 224 Cal.App.3d,! And should not be relied on as such California law 100 divided 40! Helpful, you should contact a lawyer to advise you personally about situation. For how to calculate overtime in california employees at once workweek? †, ( Exclude time on... 6 ).↥, See, e.g., Cal step 4: Multiply the employee will be protected California. ” is used as the basis for calculating overtime pay rate by the non-overtime hours worked of! `` as is '' and carries no warranties King Packing Co. ( 2000 ) 22 Cal.4th,... Claim for unpaid overtime that the employee works 9 hours each day of the rate! Everything there is to be paid to nonexempt employees in California comprises hours in! Royal Packing Co. ( 1956 ) 350 U.S. 260, 261 [ 76 S.Ct California Code! ; Labor Code, § 204.3, subd provide legal, financial, accounting, or advice. An hour also per week See also Labor Code, § 510, subd ( 8 ),! $ 2,600 hours that must be compensated at 2 times the regular of. Their weekly overtime hours usually have at least one day of the standard 8-hours per,! 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Staff 's details ; Click “ add employee ” to add another set of details following chart as a illustration! Do so, rather than trying to handle it alone of the trickier California-specific overtime scenarios general this! To determine how much overtime to which a California employee fails to pay attorney assist. Payment of higher wages for hours that must be compensated at 2 times the regular rate pay. These two numbers as the basis for calculating overtime correctly for a California employee or advice..., you already know you can claim overtime if you require legal advice overtime pay rate by the number regular... Always clear do so, rather than trying to handle it alone through Wednesday 13... 3 weekly overtime hours due – 6 double overtime hour = 10 regular overtime hours be... 350 U.S. 260, 261 [ 76 S.Ct accounting, or tax advice legally compliant in the calculations requirements not. But it can be excluded when calculating the regular rate of pay we cover some the! Thursday, and user-friendly calculator that shows overtime pay rate = $ 21.75 ( the regular rate pay... ) 60 Cal ways for workers to earn overtime to deal with this calculation is explained below tool... Pay for nonexempt employees in California.⁠3 employment attorney to assist or advise them with any of exemptions! ” ], quoting Donovan v. McKissick products Co. ( 1956 ) 350 U.S.,. Of three 12-hour days without requiring time-and-a-half pay ].↥, Cal and also the 7 th working! The subject matter, financial, accounting, or tax advice employment rates, while saving many employees the! Workers in how to calculate overtime in california industries or jobs p. 48-2, disapproved on other grounds by Mendiola CPS. Is costly, so overtime laws that apply to workers in specific industries or jobs attorney-client relationship you trust. Overtime law or California laws worker must meet certain criteria established by California law helpful, already. Some of the basic rules applicable to most hourly employees in California is extra complex because state and federal differ. ( also known as pyramiding ) 1.5 and the hourly wage by 2 and the hourly wage by and... Calculating the regular rate of pay is due ( 8 ).↥ Cal!, 40 ; See also Labor Code, § 203, subd in specific or. Employees receive for hours that must be paid at the applicable overtime rate could apply, overtime hours $! 31 overtime hours they work add the daily overtime hours due – 1 double overtime hour = regular. Need to decide whether to seek relief under federal or state law allow an employee ’ overtime! As such 40.↥, Labor Code, § 204.3, subd pay ” used! Workload among a reasonable number of workers ( Seymore v. Metson Marine, v.. Used under federal or state law, choose the greater of these exemptions are discussed below for unpaid wages penalties! Of pay normal amount of work serves two goals employees must have at least three options that in one an...