Federal and state laws can vary widely, and California is no exception. There are differences between federal and state requirements in relation to overtime pay at your job. Below are some basic differences between the two:
Federal Overtime Pay
The Fair Labor Standard Act (FLSA) is designated to establish and enforce
minimum wage, overtime pay, recordkeeping, and child labor standards of workers in Federal, State and local government jobs. If you are a covered employee under the FLSA, you must receive overtime pay for hours worked over 40 hours per workweek (a fixed and regularly recurring period of seven consecutive 24 hour periods) at the rate of one and one-half your regular pay rate. There is no requirement for your employer to pay overtime for working on weekends, holidays or regular rest days unless overtime is worked on those days.
California Overtime Pay
Under California Labor Code Section 510, the state law requires that your employer pay you overtime if you work over eight hours in one workday (a 24 hour period which starts at the same time each day); if you work over 40 hours in one workweek (seven consecutive days that start on the same day each week – your employer shall designate which day); and the first eight hours worked on the seventh day of work. The rate of pay should be no less than one and one-half times your regular rate. Double-time must be paid for any hours over twelve in a workday or over eight hours on the seventh consecutive day in a workweek.
If you are a non-exempt employee in California, your employer must follow both state and federal laws. If you are experiencing an overtime issue at work or have been denied overtime pay, please contact Potter Handy, Employment Rights Law Firm for a case analysis.