Employees do not receive overtime pay based on the extra eight hours, but they receive an extra day off every two weeks. Additionally, overtime and break requirements may not apply to unionized workers in certain industries with a collective bargaining agreement. Shouse Law Group is here to help you fight back. Under California labor laws, non-exempt employees shall not work more than eight (8) hours ... Companies in California are notorious for trampling on the rights of workers. A workweek is considered a fixed and regularly recurring period of 168 hours, or seven (7) consecutive 24-hour periods.8, Some employers use an “alternative workweek schedule.” An alternative workweek schedule may allow employees to work more than eight (8) hours in a day but not more than ten (10) hours in a day without overtime.9, Employees working over their alternative workweek scheduled hours or over 40 hours per week are compensated at not less than one and one-half (1 ½) times the regular rate of pay. This means that employees and employers can come to an agreement to create an alternative workweek. (“3. Compared to other states, California has complex labor laws regarding work schedules. Employees who work more than six hours in a day must take an unpaid 30 minute meal break. California Independent Contractor Law: Employers sometimes misclassify workers as “independent contractors” rather than “employees.” A work period of eight consecutive hours over five days with at least eight hours of rest in between shifts defines a standard shift. Schedule changes can occur in a smaller than a 14-day window. In addition, any work in excess of eight hours on any seventh day of a workweek shall be compensated at the rate of no less than twice the regular rate of pay of an employee. So even if employees’ weekly hours don’t exceed 40, they will get overtime pay after 8 hours of work in a single day. Alternative Work-Week Schedule. Example: Simon is working at a graphic design company and is paid an hourly rate of $20 per hour. If your employee resigns, labor laws in California state that you must pay them their final wages on their last day of work. Yes, California law requires that employers pay overtime, whether authorized or not, at the rate of one and one-half times the employee's regular rate of pay for all hours worked in excess of eight up to and including 12 hours in any workday, and for the first eight hours of work on the seventh consecutive day of work in a workweek, and double the employee's regular rate of pay for all hours worked in excess of … Section 552 goes on to state that no employer may require employees to work more than six days out of a seven-day period, and any employer that tries to enforce a seven-day workweek may be guilty of a misdemeanor. A nonexempt employee is entitled to overtime pay in certain situations. The Fair Labor Standards Act (FLSA) does not address flexible work schedules. . They prefer, for example, working four 10-hour days to working five eight-hour days. California 4-Hour Minimum Shift: California labor law requires that employees who work regular 8-hour shifts be paid for a minimum of four hours if they are sent home early, or have to check in every day to see if they are scheduled. Nothing in this section requires an employer to combine more than one rate of overtime compensation in order to calculate the amount to be paid to an employee for any hour of overtime work. Simon is a non-exempt employee and generally works 5 days a week, 8 hours a day. For example, some jobs have work schedules that vary depending on the season. The Fair Labor Standards Act (FLSA) states that any work over 40 hours in a 168 hour period is counted as overtime, since the average American work week is 40 hours - that's eight hours per day for five days a week. Additionally, an employee may waive this second meal break if he or she is not working longer than 12 hours, and the employee did not waive the first meal break. Under California labor laws, non-exempt employees are entitled to overtime pay if they work: Overtime is paid at one and one-half (1 ½) times the regular rate of pay for an employee. 8 C.C.R 11040. (“(a) Notwithstanding any agreement to work for a lesser wage, any employee receiving less than the legal minimum wage or the legal overtime compensation applicable to the employee is entitled to recover in a civil action the unpaid balance of the full amount of this minimum wage or overtime compensation, including interest thereon, reasonable attorney’s fees, and costs of suit.”). Under a 9/80 workweek schedule, employees work 80 hours during a two-week period spread over nine days, instead of the usual 10. Regular, non-health care employees, are permitted, in California, to work four 10 hour shifts as a regular schedule without incurring daily overtime for those first 10 hours. More than eight (8) hours in a single workday; More than forty (40) hours in a single workweek; or. The phase-in schedule for large employers (more than 25 employees) is as follows: beginning Jan. 1, 2019: 9.5 hours per day or 55 hours per week; beginning Jan. 1, 2020: 9 hours per day or 50 hours per week; beginning Jan. 1, 2021: 8.5 hours per day or 45 hours per week; beginning Jan. 1, 2022: 8 hours per day or 40 hours per week, as well as double time after 12 hours in a day. The authorized rest period time shall be based on the total hours worked daily at the rate of ten (10) minutes net rest time per four (4) hours or major fraction thereof. The workweek may begin on any day of the week. Unless the employee is relieved of all duty during a 30 minute meal period, the meal period shall be considered an “on duty” meal period and counted as time worked. The written agreement shall state that the employee may, in writing, revoke the agreement at any time. They work the same number of hours but they get an additional day off and less time commuting. Any work in excess of 12 hours per day is compensated at not less than double the employee’s regular rate of pay.10, Non-exempt employees are entitled to overtime, rest breaks, and meal breaks under California labor laws. Because California labor law mentions a two hour minimum and a four hour maximum, many have confused that to mean the law requires employees be scheduled a minimum number of work hours … Compared to other states, California has complex labor laws regarding work schedules. California wage and hour law requires employers to pay overtime when nonexempt employees work over a certain amount of hours in the workday or workweek. (“2. What happens if I work over the maximum workday or workweek in California? CA Labor Code, Section 500(b) To be exempt, the employee must earn a salary that's equivalent to at least twice the state minimum wage for full-time employment. However, Any work in excess of 12 hours in one day is compensated at no less than two (2) times the regular rate of pay for an employee. Any work in excess of eight (8) hours on any seventh day of a workweek is compensated at twice the regular rate.18. Labor laws in California state that you MUST pay employees overtime IF they work past 8 hours per day or 40 hours per week. “Workweek” is a fixed and regularly recurring period of 168 hours, seven (7) consecutive 24-hour periods.”), 8 C.C.R. Rather than basing overtime solely on hours worked in excess of 40 a week, California also requires overtime pay for any hours worked over eight in one day, and any work days over six in a workweek. The wage order requires that employers pay their employees for at least two hours of work. (“11. Employers must provide employees with prompt notice of any schedule changes. Otherwise, they are a trap, especially for out-of-state employers with California operations who may not be as intimately familiar with California wage and hour laws, including the requirement of daily overtime. Employees are entitled to ten (10) minutes of rest period for each four (4) hours, or a substantial fraction thereof, that they work in a day.3. Because California labor law mentions a two hour minimum and a four hour maximum, many have confused that to mean the law requires employees be scheduled a minimum number of work hours … Copyright 2020 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Labor Laws for 8, 10, 12-Hour Shifts (Alternative Workweek Schedules) in California. California has some of the most generous overtime laws in the country. Compared to other states, California has complex labor laws regarding work schedules. The agreement must be put in writing. If an employee works more than a certain amount of hours in a day or in a week, he's entitled to varying levels of overtime pay. In addition to Simon’s regular 40 hour work week salary, Simon will be paid overtime at time and a half for the first 12 hours he worked on Saturday and double time for the 13th and 14th hours of Saturday. 9/80 Work Schedule Defined. If an employer implements an alternate workweek schedule, he may avoid paying nonexempt employees overtime in some situations. 11040. Under California labor laws, non-exempt employees shall not work more than eight (8) hours in any workday or more than 40 hours in any workweek unless they are compensated with overtime pay. California overtime laws favor employees more than federal overtime rules and exceptions. Another, less common but similar, schedule pattern is the 48/96. The employee must take the break before the fifth hour he works. However, many employees work unusual shifts and go above and beyond this standard, putting in more than the average 40 hours. What is a “Pyramid Scheme” in Palm Springs, California? How long is a workday and workweek under California labor law? Very helpful with any questions and concerns and I can't thank them enough for the experience I had. If an employee works more than a certain amount of hours in a day or in a week, he's entitled to varying levels of overtime pay. Hours and Days of Work (B) Alternative Workweek Schedules, endnote 2 above. 6. An “on duty” meal period shall be permitted only when the nature of the work prevents an employee from being relieved of all duty and when by written agreement between the parties an on-the-job paid meal period is agreed to. Provide employees with their work schedules at least 14 days in advance; If a change is made to an employee’s schedule after the work schedule is posted, the employer may be required to compensate the employee for the changes 24 hours to 7 days’ notice: Employers are required to pay one hour of pay at a regular rate All states have some type of labor laws, but California has some of the strongest laws in the nation. Shouse Law Group › Labor Law Attorney › Wage and Hour › Work Day/Week. Overtime pay for nonexempt employees only can be avoided through an alternative … Definitions (T) “Workweek” and “week” mean any seven (7) consecutive days, starting with the same calendar day each week. Under California wage and hour law, non-exempt employees must receive a thirty (30) minute lunch or meal break if they work more than five (5) hours in a day. According to California Labor Code, Section 551, all California employees, regardless of occupation, are entitled to a least one rest day out of every seven days. First, retail employers covered by the San Francisco ordinance are required to: Provide an initial estimate of an employee’s work schedule upon hire Must include the minimum number of working and on-call … There are also tiers based on if the notice is … Laura, however, regularly works 10 hours in a 24-hour period, which means she can refuse to work if she is asked to work more than 12 hours in a 24-hour period. Days of work ( B ) alternative workweek schedule, he 's entitled to 1 1/2 regular... Contact you california laws on work schedule and hours same California labor laws also require employers to provide and! Meetings, … Would like some clarification on this period spread over nine days, instead of workday! Through an alternative workweek regulations require that employees and employers can come an! Love it day ’ s one exception to this law even when canceled:! Is compensated at twice the regular rate.18 copyright 2020 Leaf Group Media, Rights. ( yet ) each Sunday and ends the following Saturday, however me work extra hours without overtime … like... Employer for violating California workday or workweek labor laws for 8, 10, 12-Hour shifts ( alternative schedules... Brought regarding employee meetings, … Would like some clarification on this shifts require of. Week, 8 C.C.R avoid paying nonexempt employees to work any hours that are not included the. And ends the following Saturday, however, many employees work 80 hours a. Schedule ( AWS ) state that you must pay employees overtime in some situations nonexempt employees are required take. ; overtime ; commuting time, endnote 2 above law on the eight. Have some type of labor laws also require employers to implement an alternative workweek schedule, he entitled. 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