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You are entitled to be paid for all the hours you’ve worked for your employer under both California and federal law. This includes work done  before or after a shift, or any work done “off-the-clock” and not included in the time records.

 

You are also entitled to Overtime Play in California if you meet the requirements of a ‘non-exempt employee.’

 

 

Overtime Rates

 

Usually, overtime rates for non-exempt employees are as follows:

 

Working more than 8 hours in one workday:

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1.5 times your Regular Rate of Pay for any time after 8 hours, up to the 12th hour.

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2 times  your Regular Rate of Pay for any time after 12 hours

 

Working more than 40 hours in any workweek:

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1.5 times your Regular Rate of Pay for any time after 40 hours

 

Working more than 6 days in a workweek:

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1.5 times your Regular Rate of Pay for the first 8 hours worked on the seventh consecutive day.

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2 times  your Regular Rate of Pay for any time in excess of 8 hours worked on the seventh consecutive day.

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What is my Regular Rate of Pay?

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'Off-the-Clock Time'

 

All time you spend working or preparing for work, even if minutes, is compensable time.  For instance, the time spent putting on safety gear or collecting tools at the beginning of your shift is considered time worked.  Likewise, your employer is required to compensate you for the time spent obtaining a COVID-19 test or vaccination when they request it.  The time spent receiving and sending off-the-clock texts, calls and emails for work is also compensable time.

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