Employment and Personal Injury Attorney John Furstenthal

Employment & Personal Injury Lawyer

Summary of Overtime Pay and Breaks for California Employees

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.

Breaks Must Be Provided for Employees

Additionally, an employer must provide breaks for an employee. An employee must be allowed to do what s/he wants, not required to sit at a reception desk, for example. An employee must be provided a 30-minute break for every five hours worked. An employee must be provided a 10-minute rest period for every four hours worked, or for every “major fraction” of four hours worked in a day. “Major fraction” means two hours, generally. Usually, for example, if an employee works eight hours with a 30-minute break for lunch, s/he would get a rest period before and after lunch. Employees do NOT need to be paid for breaks of less than 30 minutes, but they must be paid for anything shorter.

Employers Must Provide Employees One Day Per Week Off

Generally, an employee must be given one day per week off. There are many narrow exceptions to these rules for specific workers and unique jobs.
Next time: When an employer does not have to pay overtime or provide breaks.

Northern California Employment Law Attorney Serving Clients in Walnut Creek, Concord, and Surrounding East Bay Area Communities

Employment Law Attorney John Furstenthal represents clients in the Northern California cities of Walnut Creek, Concord, and surrounding East Bay Area communities who have employment legal matters. For more information regarding a specific employment law issue, please contact the Furstenthal Law Office today at 925-284-1718 or email directly.

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Employment Law: Exceptions of Overtime Pay


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