Can i work 12 hour shifts in california

The regular rate of pay includes a number of different kinds of remuneration, such as hourly earnings, salary, piecework earnings, and commissions. In no case may the regular rate of pay be less than the applicable minimum wage. Ordinarily, the hours to be used in computing the regular rate of pay may not exceed the legal maximum regular hours which, in most cases, is 8 hours per workday , 40 hours per workweek.

This maximum may also be affected by the number of days one works in a workweek. It is important to determine what maximum is legal in each case. The alternate method of scheduling and computing overtime under most Industrial Welfare Commission Wage Orders , based on an alternative workweek schedule of four hour days or three hour days does not affect the regular rate of pay, which in this case also would be computed on the basis of 40 hours per workweek.

The agreed upon regular hours must be used if they are less than the legal maximum regular hours. For example, if you work 32 to 38 hours each week, there is an agreed average workweek of 35 hours, and thirty-five hours is the figure used to determine the regular rate of pay. However, in circumstances where the workweek is less than 40 hours, the law does not require payment of the overtime premium unless the employee works more than eight hours in a workday or more than 40 hours in a workweek.

In other words, assuming you are employed under a policy that provides for a hour workweek, the law does not require the employer to pay the overtime premium until after eight hours in a workday or 40 hours in a workweek. If you work more than 35 but fewer than 40 hours in a workweek, you will be entitled to be paid for the extra hours at your regular rate of pay unless you work over eight hours in a workday or 40 hours in a workweek. The piece or commission rate is used as the regular rate and you are paid one and one-half this rate for production during the first four overtime hours in a workday, and double time for all hours worked beyond 12 in a workday; or.

Divide your total earnings for the workweek, including earnings during overtime hours, by the total hours worked during the workweek, including the overtime hours. For each overtime hour worked you are entitled to an additional one-half the regular rate for hours requiring time and one-half, and to the full rate for hours requiring double time.

A group rate for piece workers is an acceptable method for computing the regular rate of pay. In using this method, the total number of pieces produced by the group is divided by the number of people in the group, with each person being paid accordingly.

The regular rate for each worker is determined by dividing the pay received by the number of hours worked. The regular rate cannot be less than the minimum wage. Yes, California law requires that employers pay overtime, whether authorized or not, at the rate of one and one-half times the employee's regular rate of pay for all hours worked in excess of eight up to and including 12 hours in any workday, and for the first eight hours of work on the seventh consecutive day of work in a workweek, and double the employee's regular rate of pay for all hours worked in excess of 12 in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek.

Yes, if it is a nondiscretionary bonus. A nondiscretionary bonus is included in determining the regular rate of pay for computing overtime when the bonus is compensation for hours worked, production or proficiency, or as an incentive to remain employed by the same employer.

Incentive bonuses include flat sum bonuses. To properly compute overtime on a flat sum bonus, the bonus must be divided by the maximum legal regular hours worked in the bonus-earning period, not by the total hours worked in the bonus-earning period. This calculation will produce the regular rate of pay on the flat sum bonus earnings. Overtime on a flat sum bonus must then be paid at 1.

It is never too early to review AWS policies and procedures in California! The Catch Because alternative work schedules require employees to waive their right to receive overtime, employers may not impose them unilaterally. A duly noticed meeting must be held at least 14 days prior to the secret ballot vote. Notice of election results must be provided to the California Division of Labor Statistics and Research.

There must be a day waiting period between the election and implementation. Implications for Employers Conventional HR wisdom is that employers should encourage better work-life balance through flexible scheduling, occasional longer days in exchange for predictable days off, or early departure like summer hours.

All employees subject to a validly adopted alternative workweek schedule No overtime required for a regular schedule of not more than 10 hours per workday within a hour workweek. One and one-half times the employee's regular rate of pay for any work in excess of the regularly scheduled hours in any workday beyond the schedule established by the agreement or those hours over 10 and up to 12 hours a day or beyond 40 hours per week.

This requires payment of time and one-half for any work performed up to eight hours on any day not included in the schedule established by the agreement. Double the employee's regular rate of pay for work in excess of 12 hours per day and any work in excess of eight on those days worked beyond the regularly scheduled number of workdays established by the agreement.

For all Orders except Order 16, if the employer requires an employee to work fewer hours than those that are regularly scheduled, the employer must pay the employee overtime at the rate of one and one-half times the employee's regular rate of pay for all hours worked in excess of eight hours , and, of course, double the employee's regular rate of pay for all hours worked in excess of 12 hours for the day the employee is required to work the reduced hours.

For Order 16 only, an employee who works longer than eight hours but no more than 10 hours in a workday pursuant to an alternative workweek schedule, must be paid an overtime rate of not less than one and one-half times his or her regular rate of pay for any work in excess of the regularly scheduled hours established by the agreement.

Orders 4 and 5 Employees in the healthcare industry who are subject to a validly adopted alternative workweek schedule No violation of the daily overtime provisions by an employer covered by Order 5 who institutes a validly adopted alternative workweek schedule that provides for workdays exceeding 10 hours but not more than 12 hours within a hour workweek without the payment of overtime, provided that: An employee who works beyond 12 hours in a workday must be paid overtime at double the employee's rate of pay for all hours in excess of 12; and An employee who works in excess of 40 hours in a workweek must be paid overtime at one and one-half times the employee's regular rate of pay for all hours worked over 40 in the workweek.

Order 5 Employees of a hospital or an establishment which is an institution primarily engaged in the care of the sick, the aged, or the mentally ill or defective who reside on the premises Employees working in accordance with a 14 consecutive day work period in lieu of a workweek of seven consecutive days must be paid one and one-half times their regular rate of pay for hours worked in excess of eight in a workday and 80 in the day period. Such an arrangement must be pursuant to an agreement or understanding arrived at between the employer and employee.

Order 5 Camp counselors No daily overtime. Weekly overtime required after 54 hours or more than six days in a workweek. In an emergency, employee may work over 54 hours or more than six days in a workweek and must be paid not less than one and one-half times employee's regular rate of pay for all such excess hours. No double time required.

Order 5 Personal attendants employed by a non-profit organization No daily overtime. Exempt employees are those employees whose jobs are not subject to wage and hour laws. While federal and state laws contain a number of complex exemptions, in most cases there are three basic requirements for exemption in California:. An exempt employee is not protected by California's wage laws.

They are not entitled to rely on the state's minimum wage laws, laws about work breaks and meal breaks, or overtime. Teo Spengler earned a J. Berkeley's Boalt Hall. Supreme Court before opening a plaintiff's personal injury practice in San Francisco. She holds both an M. A in creative writing and enjoys writing legal blogs and articles. Reviewed by: Michelle Seidel, B. Receipt of Minimum Salary: The employee's salary must be at least twice the state minimum wage for full-time employment.

Duties: The duties of the employee must largely consist of administrative, executive or professional matters. Beyond these factors, some specific jobs are labeled as exempt.