An employee in California is entitled to the payment of overtime unless he or she is an “exempt” employee under the wage & hour laws, rules and regulations. In general terms, an exempt employee is an employee who primarily performs duties as an executive, administrator or professional. In order to be exempt, the employee has to also earn a monthly salary (of at least $ for 2017) and exercise discretion and independent judgment on matters of importance.
Non-exempt employees earn overtime for work performed after eight hours per workday and over 40 hours per work week. Overtime is paid at a rate of one and one-half (1.5) times the employee’s Regular Rate of Pay for the hours worked in excess of eight in a day and 40 in a week, and at a rate of two (2) times the employee’s Regular Rate of Pay for hours worked in excess of twelve (12) in a day and the excess of eight (8) hours on the seventh consecutive day of work.