- California defines overtime as working more than 40 hours in a week or 8 hours in a day. However, employees must work more than 8 hours per day on an irregular basis to qualify for overtime pay. For example, if an employee works 10 hours per day for four days every week, that employee does not qualify for overtime pay because he and his employer have made an alternative workday arrangement. If the employee normally works 8 hours per day but works 10 hours per day for four days in a row because of another employee's illness, she would qualify for overtime pay for those hours.
- Employers must give employees one day off for every six days worked. If an employee works seven days in a row, the employee must receive overtime compensation of time and a half for each hour he works in the seventh day. If the employee works more than 8 hours on the seventh day of work, the employee then gets paid at double her regular rate for each additional hour she works.
- Some employers require full-time employees to work fewer than 40 hours per week. If these employees work more hours than normal, they do not get overtime pay unless they work more than 40 hours in a week or 8 hours in a day. For example, if an employee normally works for 7 hours per day and a total of 35 hours per week, that employee does not get overtime pay if he works 8 hours instead of 7 hours on a given day.
- California does not require employers to pay overtime to certain classes of employees. Executive, administrative and professional employees in California get paid the same salary regardless of how many hours they work; computer software employees are considered professional employees for this purpose. In addition, employers' relatives who work for them are exempt from overtime pay requirements, and truck drivers' salaries are regulated by the U.S. Department of Transportation rather than California's labor laws.
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