Double Time in California vs Overtime Pay

Posted on Monday April 12, 2021

Most employees are familiar with the concept of overtime – if you work long hours, you might be eligible to receive higher pay rates for those hours at 1.5 times your usual hourly rate. However, did you know that there are times when certain employees are entitled to twice their usual pay rate? This is referred to as double-time, and it is important to know if you should receive double-time pay from your employer. 

If you think that you are owed double time in California or overtime pay for certain hours and did not receive it, you should discuss the matter with experienced California overtime pay lawyers at Mara Law Firm. We can review your situation and help you seek unpaid overtime from your employers. 

Overtime Laws in California

Under California law, employers must pay 1.5 overtime rates to employees who are considered non-exempt under the law. Overtime rates apply when an employee works:

• Over eight hours in one workday
• Over 40 hours in one workweek
• Over six days in one workweek

For example, if an employee usually earns $20.00 per hour, their overtime rate would be $30.00 per hour (1.5 x $20). If they work 45 hours in a week over five days, they should receive $20 for the first 40 hours and $30 for the five overtime hours for a total of $950.00 for that week. 

Double-Time Laws in California

Sometimes, a non-exempt employee is entitled to twice their pay rate for certain hours. This applies when an employee works:

• Over 12 hours in one workday
• Over eight hours on the 7th workday in one week

For example, the employee who earns $20.00 per hour signs on to longer hours to help meet a deadline for a construction project. The employee will work five 14-hour days in one week. They should earn:

• $20 per hour for the first eight hours worked each day
• $30 per hour for hours eight through 12 each day (overtime rate)
• $40 per hour for hours 12 through 14 each day (double-time rate)

As you can see, these calculations can become complicated very quickly when an employee works enough hours to qualify for both overtime and double-time on one paycheck. 

If you worked enough hours to qualify for double-time, it is important to check your paystub carefully to make sure every dollar you earned is accounted for. Employers often make mistakes when it comes to these calculations, or they might even neglect to pay double-time rates and hope that you don’t notice. 

If you are unsure whether you are owed overtime or double-time pay, you should not hesitate to schedule a consultation with our legal team. We can review your hours worked and wages and inform you whether your employer owes you back pay. 

Am I Entitled to Overtime Pay Even If the Extra Work Is Not Requested?

Under California labor laws, employees are generally entitled to receive overtime pay when they work more than eight hours in a day or forty hours in a week. However, you may be wondering if you are still entitled to overtime pay even if you work the extra hours without being explicitly requested to do so by your employer. The answer is yes, you may still be entitled to overtime pay.

In California, the key factor in determining whether an employee is entitled to overtime pay is the number of hours worked. It doesn’t matter if the extra hours were requested by your employer or if they were performed voluntarily. If you work more than the standard daily or weekly hours, you are entitled to overtime pay.

This means that if you find yourself consistently working beyond the regular hours, even if it is not explicitly requested by your employer, you should still receive overtime pay for those extra hours worked. It is important to keep track of your working hours and to communicate any concerns with your employer to ensure that you are fairly compensated for your time.

Differences Between Overtime and Double-Time Pay

In most cases, overtime pay is calculated at a rate of 1.5 times the employee’s regular hourly rate. For example, if your regular hourly rate is $20, your overtime rate would be $30 per hour. This means that for every hour you work beyond the 40-hour threshold, you would receive 1.5 times your regular pay rate.

On the other hand, double-time pay is a higher rate of compensation offered when an employee works excessively long hours or during designated holidays. Double-time pay is calculated at a rate of two times the employee’s regular hourly rate. For example, if your regular hourly rate is $20, your double-time rate would be $40 per hour. 

It is important to note that the specific conditions for overtime and double-time pay can vary depending on your employment agreement, industry, and local labor laws. 

What Is a Non-Exempt Employee?

To fully understand the concept of overtime and double-time pay, it’s essential to first grasp the distinction between exempt and non-exempt employees. In the context of labor and employment laws, a non-exempt employee refers to an individual who is entitled to certain protections and benefits under federal and state regulations, including overtime compensation.

Non-exempt employees are typically those whose job responsibilities fall within the guidelines outlined by the Fair Labor Standards Act (FLSA), and they are covered by its provisions. This means that they are eligible for overtime pay for any hours worked beyond 40 in a workweek.

It’s worth noting that the determination of whether an employee is exempt or non-exempt depends on several factors, including their job duties, salary, and job title. Generally, non-exempt employees receive an hourly wage and are eligible for overtime pay, while exempt employees are salaried.

Understanding whether you are classified as a non-exempt employee is crucial because it determines your entitlements and protections under wage and hour laws. If you are classified as non-exempt and your employer fails to compensate you properly for overtime work, you may have legal rights to pursue a wage claim.

Contact Our California Double Time Pay Lawyers Today

At Mara Law Firm, we help employees seek unpaid overtime wages. Whether your employer made an honest mistake or is purposely withholding the pay you deserve, our California overtime pay lawyers can help. Call (619) 234-2833 or contact us online for more information.