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Overtime: California

This guide provides an in‑depth review of California overtime requirements, including daily and weekly overtime rules, double time obligations, and industry‑specific standards for nonexempt employees.

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by Anthony J. Oncidi, Proskauer Rose LLP

Updating author: Brightmine Editorial Team

Summary

California’s wage and hour law requires covered employers to pay nonexempt employees one and one-half times their regular rate of pay for every hour worked in excess of 40 hours in a workweek, in excess of eight hours in a workday, and for the first eight hours worked on the seventh consecutive day of work in a workweek. In addition, covered employers must pay nonexempt employees two times their regular rate of pay under certain circumstances. This guide provides an in-depth review of California employment law requirements HR must follow with respect to this law.

In this guide, learn about:

  • Overtime
    • Employer coverage
  • The regular rate
  • Defining the workweek
    • Alternative workweek periods
  • The fluctuating workweek
  • Industry-specific overtime requirements
    • Agricultural employees
    • Home care workers
    • Manual laborers
    • Manufacturing employees
    • Personal attendants
    • Retail employees
    • Restaurant employees
  • Poster requirements
  • Future developments

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Jurisdiction: California

Latest updates

Updated to reflect overtime requirements for home care workers, effective September 17, 2025.

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About the author

Anthony J. Oncidi

Anthony J. Oncidi represents employers from a wide range of industries in all aspects of labor relations and employment law, including wage and hour matters, class actions, wrongful termination, employee discipline, Title VII and the California Fair Employment and Housing Act, workplace violence, drug testing and privacy issues. He also conducts sexual harassment training and investigations and assists in executive employment contract disputes, SOX claims and employee raiding and trade secret protection

A substantial portion of his practice involves the defense of employers in employment discrimination and harassment litigation in state and federal court as well as arbitration proceedings. Mr. Oncidi has testified as an expert witness and has served as a faculty member of the National Employment Law Institute.

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