In California, an employer must pay employees overtime for any hours worked over eight hours in a day or 40 hours in a week. That pay must be time and a half. When more than 12 hours are worked in a day, that time is double dime. For example, if an employee works for 13 hours at $10/hour, s/he must be paid $10/hour for the first eight hours, then $15/hour for the next four hours, then $20/hour for the last hour.
In California, unlike many states, a contract clause or term (or “covenant”) that requires an employee not work in a way that competes with a prior employer is unenforceable or illegal. So if an employee works at Coca Cola, he can leave and go work for Pepsi, even if there is a contract signed by the employee saying that he will not leave and go work for a competitor.
There are some exceptions. The former Coke employee cannot provide Pepsi with confidential information or trade secrets. Also, there are some very narrow exceptions regarding the sale of a corporation that don’t apply to the vast majority of employees.
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