4. If an hour of employment would otherwise be compensable at a rate of more than one and one-half times the employee’s regular rate of compensation, then the employee may receive compensating time off commensurate with the higher rate.”].↥, Cal. Subtract the employee’s daily overtime hours from the total hours the employee worked during the workweek. (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. 2(K) [“‘Hours worked’ means the time during which an employee is subject to the control of an employer, and includes all the time the employee is suffered or permitted to work, whether or not required to do so.”]. 1(A)(2) [defining the administrative exemption].↥, See, e.g., Cal. 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 … § 218; Aguilar v. Ass’n for Retarded Citizens (1991) 234 Cal.App.3d 21, 34 [“[F]ederal law does not control unless it is more beneficial to employees than the state law.”].↥, United Parcel Service Wage & Hour Cases (2010) 190 Cal.App.4th 1001, 1010 [“In many respects, California law provides broader protection of employee rights, and in such instances, California law controls.”].↥, Sullivan v. Oracle Corp. (2011) 51 Cal.4th 1191, 1197 [“California’s overtime laws apply by their terms to all employment in the state . 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. An employee earns an hourly wage of $12 and receives a $100 flat-sum bonus in a workweek in which she worked 43 hours. An employer cannot require an employee to take paid time off (compensating time or “comp time”) instead of being paid overtime.⁠79 But an employee may only request comp time if all of the following conditions are met: If any of these conditions are not met, the employee must be paid the overtime rate they would otherwise be entitled to under the law.⁠84, Compensating time must equal the overtime rate. 4th 833.↥, See, e.g., Bradley v. Networkers Internat., LLC (2012) 211 Cal.App.4th 1129, 1156 [discussing allegation that “workers were compelled to work off the clock and this off-the-clock work was required to be paid at premium overtime wages”].↥, Labor Code, § 226, subd. Code of Regs., tit. 3(c)(8).↥, Labor Code, § 510, subd. Our consultations are free and confidential. Federal law allows the amount of unpaid overtime to be doubled as a penalty for a failure to pay overtime.⁠109 California law does not allow double damages, but does include a late payment penalty under some circumstances.⁠110. Regular Rate of Pay. '”].↥, 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. 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. Resolving the dispute informally with the employer, Bring a claim for unpaid wages and penalties with a government agency.⁠. 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, §§ 11010⁠–⁠11170, subds. $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. Employees should obtain advice from an employment lawyer if they are not sure whether they are owed additional compensation for the time they spend preparing to work. A determination of whether the on-call waiting time is spent predominantly for the employer’s benefit depends on two considerations: (1) the parties’ agreement, and (2) the degree to which the employee is free to engage in personal activities.”].↥, Gomez v. Lincare, Inc. (2009) 173 Cal.App.4th 508, 523.↥, Gomez v. Lincare, Inc. (2009) 173 Cal.App.4th 508, 523; see also Madera Police Officers Assn. 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. 3.↥, Labor Code, § 515, subd. 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. Review your pay practices to ensure that you are calculating and paying overtime in accordance with state and federal rules. ‘Workweek’ is a fixed and regularly recurring period of 168 hours, seven consecutive 24-hour periods.”].↥, Seymore v. Metson Marine, Inc. (2011) 194 Cal.App.4th 361, 368 [“Section 500 undoubtedly affords an employer significant flexibility in the designation of a workweek.”], disapproved on other grounds by Mendiola v. CPS Security Solutions, Inc. (2015) 60 Cal. Employers are responsible for designating the start of the workweek.⁠45 Knowing how the workweek has been designated is often important for deciding whether overtime is owed. To comply with state law, choose the greater of these two numbers as the total hours for which overtime pay is due. Code of Regs., tit. § 207 [covering overtime].↥, 29 U.S.C. This easy and convenient tool will help employers and employees within the state of California to accurately calculate overtime hours worked. (b) [“‘Workweek’ and ‘week’ mean any seven consecutive days, starting with the same calendar day each week. 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 Overtime Pay Calculator. . This website and its content are not intended to be relied on as legal advice, and should not be relied on as such. 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.”. Below is a snapshot of the image from the template. 8, §§ 11010⁠–⁠11170, subds. 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. How many hours did you work on each day of the workweek?†, (Exclude time spent on upaid meal breaks. Everything there is to know on how to deal with this calculation is explained below the tool. Importantly, employers may not designate rates of pay with the intent to evade overtime laws.⁠52 As such, the employee’s regular rate of pay must be calculated in a consistent manner that accurately reflects the employer’s pay practices. The court in Seymore noted that the employer had established a single work schedule that began a Tuesday, while designating the “workweek” to begin on a Monday. The federal Fair Labor Standards Act (commonly called the “FLSA”),⁠, Certain unionized employees that are subject to a collective bargaining agreement.⁠, Workers in specific occupations that have special overtime rules.⁠, Who spends more than half of their working time away from their employer’s place of business, and, Who sells items, services, contracts, or the use of facilities.⁠, Certain providers of 24-hour residential childcare;⁠, The employer’s spouse, children, and parents.⁠, More than 40 non-overtime hours in a workweek, or, A seventh consecutive day in any workweek.⁠, In excess of 8 hours on the seventh consecutive workday in a workweek.⁠. Code of Regs., tit. A workday for these purposes is a 24-hour period that begins at the same time each calendar day.⁠43 A workweek is a period of seven consecutive days beginning on the same calendar day each week.⁠44. According to United States federal overtime law and avoid legal issues we cover some the! 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