Almost all California employees must be paid overtime of 11/2 times the employee's regular rate for all hours worked in excess of 8 in a workday, in excess of 40 in a workweek, or for the first 8 hours worked on the seventh consecutive day worked in a workweek. Double-time must be paid for hours worked in excess of 12 in a workday or worked in excess of 8 on the seventh consecutive day worked in any workweek (A.B. 60; CA Lab. Code Sec. 510, Industrial Welfare Commission (IWC) Interim Wage Order--2000, the Interim Wage Order (dated 10/1/2000), and IWC Wage Orders 1 through 13 and 15).
Employees who work in on-site construction, drilling, logging, and mining of nonmetallic minerals are now covered by the overtime requirements including Interim Wage Order--2000.
The regular hourly rate of pay of a nonexempt full-time salaried employee (for calculating overtime pay) is 1/40 of the employee's weekly salary.
Note: When calculating weekly overtime, only hours paid at straight time count. Hours worked over 8 in a day are already paid at time and a half and are not recounted when determining if an employee has worked more than 40 hours in a week.
Example 1. Assume an employee whose regular rate of pay is $10 per hour and who works 9 hours on the first 5 days of the week and 5 hours on the sixth day. The employee's regular weekly pay for 40 hours is $400. The employee must also be paid $15 for the 9th hour worked on each of the first 5 days of the week, for a total of $75. In addition, the employee must be paid $15 per hour for the 5 hours worked on the sixth day because those are hours that exceed 40 in a workweek. The total pay for the week is $550.