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Travel Time Pay Rules in California (2024): The Ultimate Guide

Posted January 31, 2020 by lewislaw & filed under Employment Law Articles .

Last Updated:

• January 18, 2024

A comprehensive guide to travel time pay rules in California —when employees are entitled to be paid for travel time and how to recover those lost wages.

Unpaid travel time can exceed over $100,000 in lost wages, interest and penalties.

Find out how much of your travel time should be paid and how you can recover it.

Article Contents:

Section #1: types of travel time that should be paid, types of travel time that should be paid.

• Time when you actually perform work (i.e. sending email, making phone calls, etc.); OR
• Time when you do not actually perform work (and might even be doing personal things like checking the internet, texting and making personal calls), but when your employer exercises enough control over you that the law considers it working time.

When is an employee considered to be "Performing Work"?

Unlike John, however, Mary is required, on her way to work, to drive to a secure storage facility to pick up the tools she will use for that day. On the way home from work, she is required to return to the storage facility to unload the tools, clean them, and make sure they are locked up for the night. 

Mary is entitled to be compensated for the time spent loading, unloading, and cleaning the tools, as well as for the time she spends traveling between the storage facility and company headquarters. This is because these activities add time and exertion beyond what her normal commute would require. In other words, she is performing actual work for her employer during that time.

When is an employee “subject to control” of the employer?

Many legal cases considering whether an employee should be paid for travel time focus on the issue of whether the employee was “subject to the control” of the employer during the travel time. The key question is what does your employer require you to do?

• Does your employer require you to travel to work in a company vehicle?
• Does your employer require to follow certain when traveling to or returning from work each day?

Examples where the employee should be paid for travel time

• When the employer provides transportation to a jobsite (example: a bus) and requires that employees only use that form of transportation to get to work.
• When the employee has already reported to the worksite at the beginning of a shift and then the employer instructs the employee to travel to other locations.
• When the employee is required to engage in overnight travel (for example, if the employee is required to take an airplane to attend a conference in another state, the employee must be compensated for time traveling, as well as time spent checking bags, going through security screening, etc.).

Examples where the employee is not entitled to be paid for travel time

• When the employee is making the normal commute between home and work.
• When the employer provides transportation to a jobsite (example: a bus or company van) but does not require that employees use of that mode of transportation to arrive at the job.
• When, during required overnight travel, the employee takes time to do personal things like go out to dinner, go sight-seeing, or sleep.

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Section #2: When Should You Be Paid For Travel Time?

When should you be paid for travel time.

Travel when overnight stay is required

• Conferences
• Sales meetings
• Continuing education requirements

From the Law:

Travel from one workplace to another in the same day, travel from home to work when there is no fixed workplace, if you are required to report to a work location that is farther away than your normal work location., if you have no fixed job site and are required to travel an unreasonable distance to get to work., travel from home to work in a work vehicle, travel when you work from home (virtual or remote employees).

More than 8 million people now work exclusively from home. In California nearly 6% of workers work from home , a percentage that almost doubles when you look at some locations in the San Francisco Bay and Los Angeles areas.

Section #3: How Much Should You Be Paid for Travel Time?

How much should you be paid for travel time.

You must be paid at least minimum wage or your regular hourly rate for travel time.

Employers can pay a lower hourly rate for travel time..

• Provide you notice prior to the travel time.
• Separately track your travel time.
• Separately list your travel time, including the total hours traveled and your travel time rate on each pay stub.

Section #4: How to Calculate Your Travel Time Pay

How to calculate your travel time pay.

Calculating your travel time pay

How to calculate overtime (based on travel hours), reimbursement for travel expenses (mileage), section #5: how to recover your travel time pay, how to recover your travel time pay.

There are strict time limits for recovering your unpaid travel time

Recovering travel time pay while you are still working at the company.

• Discrimination
• Retaliation
• Firing/Termination
• Reduction in Pay
• Reassignment of Position
• Other Adverse Employment Actions

Recovering travel time pay if you do not want to file a lawsuit

Section #6: choosing the right attorney, choosing the right attorney.

Questions You Can Use to Interview Attorneys

• Do you practice employment law?
• What is your level of experience dealing with travel time cases?
• Have you had favorable outcomes? (Most attorneys will be able to answer this question. But they might not be able to tell you how much they have won in these types of cases if there is a confidentiality agreement in place. Attorneys are obligated to keep confidential settlements confidential.)
• What do you think is the best strategy for handling my case keeping in mind my goals? (tell the attorney about your goals for resolving the case)
• How long will it take to resolve my case?
• What is your fee structure?
• What does your fee include and exclude?

After speaking with the attorney, consider the following questions:

• Was the attorney responsive?
• Did the attorney answer your questions?
• Did the attorney inspire confidence in you that he or she knew the subject matter?
• Is the attorney someone you feel you can trust?

Section #7: Hire an Experienced Travel Time Pay Attorney

Hire an experienced travel time pay attorney.

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Travel Time in California: A Must-Know Guide for Employers

Take control of California’s time, overtime, and break laws using Timeero.

Understanding travel time pay in California is essential for employers. It involves complex rules and regulations that affect how you compensate your employees, manage your operations, and protect your bottom line. Get it wrong, and you risk costly lawsuits and unhappy employees, not to mention inefficient practices that will eat into your profit.

So, let’s get it clear from the get-go: Is travel time paid in California?

A short answer is yes, but you should know that not all travel counts. 

To avoid the pitfalls of failing to comply with legal requirements, you should familiarize yourself with the ins and outs of travel time pay and mileage reimbursement in California.

Our guide is here to explain the concept of travel time pay, how it differs from regular pay, and what California state law stipulates. 

We’ll also provide some practical tips on calculating California travel time pay and mileage reimbursement accurately and fairly.

Overview of California Labor Laws Related to Travel Time

When enforcing travel time pay, the California Division of Labor Standards Enforcement (DLSE) pays a lot of attention to detail. 

The DLSE guidelines specify when you must compensate your employees for travel time, whether running a local errand or going on an out-of-state business trip. 

Remember that if you overlook these directives, you can risk your company financially and reputationally. Ignoring DLSE’s well-outlined norms can open you up to legal complications, including penalties that could negatively impact your bottom line. 

So, what are the rules you need to follow?

What Constitutes “Hours Worked” in California

In California employment law, “hours worked” is crucial in defining compensable time, including travel time. It includes:

• Time actively spent performing work-related tasks , such as sending emails, making phone calls, or visiting clients.
• The time when employees aren’t directly involved in work but remain under sufficient control of the employer , to the extent that the law considers it is working time. This usually means they’re not free to follow purely personal pursuits during that time.

Specific Rules Governing California Travel Time Pay

• Using employer’s vehicle. The time spent traveling is compensable if an employee has to use the company vehicle for work purposes.
• Carrying employer tools. If an employee transports tools or equipment for their employer, adding time and effort beyond the usual commute, that extra time must be paid.
• Alternate worksite reporting. If an employer requires an employee to travel to a different job site on a short-term basis, which involves more than a minor distance, this travel time must be compensated.
• Special circumstances. Activities like education and training time may also count as “working hours” under certain conditions.
• Special rates. If an employer decides to pay a special rate for travel time, they must establish and inform employees about this rate in advance.
• Advance notice and minimum wage. Employees must be informed of the travel rate in advance, and this rate cannot fall below the minimum wage.

When Does Travel Time Require Pay in California?

To better explain the issue, let’s discuss a couple of examples in which employees are entitled to travel time pay under California law: 

• If your employees are making trips during work hours for business-related tasks — for instance, shuttling between different office locations or running errands for supplies, those hours are generally compensable.
• You must reimburse the travel time when an employee travels out of town for a business event and returns the same workday. However, note that the usual commute time to the regular workplace and back to the employee’s home can be excluded from this calculation.
• If employees are required to stay overnight for business purposes, the rules become more complex. Generally speaking, the time spent traveling during regular working hours is compensable. However, the same doesn’t apply to the time at the destination unless it’s spent working. 
• If travel is a central part of the employee’s job (think sales representatives or delivery drivers), almost all the time spent traveling during work hours is compensable, including wait time at airports or other transit hubs.
• Mandatory attendance at training sessions or conferences also requires compensation for travel time. If the event is outside of regular work hours, but attendance is compulsory, you must also reimburse your employees for travel time.

For example, if Sarah, a sales rep, has to drive from her regular work location to a client’s office in the middle of the day, that time is compensable. If she’s flying out for a multi-day conference, the time spent in transit could be considered work hours, depending on various factors. The rules around this scenario might differ and involve considerations such as meals and lodging.

Differentiating Between the Everyday Commute and Compensable Travel Time 

Understanding the fine line between commute time and work-related travel is critical to avoiding legal complications.

Your employees’ normal commute to and from the regular worksite is generally off your tab. In other words, you’re not required to reimburse your employees for the time they spend commuting between their homes and their regular worksites.     

However, certain situations turn the usual commute into compensable work time.

• Employer-provided transportation. If an employee must come to a determined place and use the employer’s transportation to and from the worksite, that travel time is compensable under California law.
• Restrictions on personal transportation. If employees aren’t allowed to use their own transportation and must use the employer’s, then the time is also considered work time that must be compensated.

The Morillion v. Royal Packing Co. case is crucial for understanding the travel time pay in California. The court held that the employees who had to travel on the employer-provided buses were entitled to compensation for their travel time since they were subject to the employer’s control and could not use that time for their own purposes. This case has important implications for defining what constitutes compensable work hours under the law.

Travel Time Pay and Mileage Reimbursement in California

If an employee’s job description requires using their personal vehicle for work-related activities, according to the California Labor Code Section 2802 , employers have to reimburse them. This is not just for fuel expenses but also includes factors like vehicle wear and tear.

Moreover, the right to mileage reimbursement is non-waivable. So, what does this mean for you? 

Simply put, even if your employment contract states that employees waive their rights to mileage reimbursement, this provision is void in a court of law.

Although many employers rely on the IRS standard mileage rate for calculating reimbursements, it’s important to note that this is not a one-size-fits-all solution. 

If an employee can prove that their actual expenses have exceeded this rate, you must cover the difference.

The risks of not abiding by these rules are far from trivial. Failure to adequately reimburse employees can result in wage and hour lawsuits, a situation no employer wants to find themselves in. 

A reliable mileage tracking solution , such as Timeero, can help you accurately track and adequately reimburse your employees for business mileage.

Legal Must-Dos and Best Practices for California Employers

To that end, let’s explore legal must-dos and best practices that can serve as your guiding compass.

Advanced time and mileage tracking

To stay compliant with California labor laws , consider using one of the best employee GPS time and mileage tracking software designed with precision in mind. Such a tool won’t only automate what could be an error-prone manual process but also provide airtight records should any legal problems arise. Trust us, robust software is a worthwhile investment.

Up-to-date policies

Your employee handbook isn’t just a document; it’s your legal shield. Make sure it’s always updated with the latest company travel policy and mileage reimbursement policy . 

This will keep your team informed and serve as your first line of defense in case of disputes or inquiries.

Regular audits

You shouldn’t wait to find yourself in legal trouble to examine your processes. Regular audits can serve as a preventative measure, offering a clear insight into any discrepancies that could snowball into serious legal issues. Think of it as your business health check-up.

Expert consultation

Regulatory changes sometimes happen without much notice. When in doubt, don’t hesitate to consult legal experts who specialize in California labor law . Remember, preemptive legal advice is often much more affordable than dealing with potential litigation or lawsuits.

How Can Timeero Help Employers Stay Compliant With California Travel Time?

Compliance with California’s travel time regulations is easier than you think, thanks to Timeero. 

Our comprehensive software offers a range of features designed to keep you in line with 

California state laws effortlessly.

Time Tracking

The crucial concept in California travel time pay is the concept of “hours worked.” Any compliance with the law must start there.

Timeero offers precise time-tracking functionalities that comply with California laws, capturing details of your employees’ work hours to ensure fair compensation.

All your employees need to do is download a mobile app on their phones and clock in when their workday begins. The app will keep track of all their work-related activities and automatically create time cards with the clock in and out time and the total number of hours worked. 

As the app tracks time during working hours only, the hours worked will also include employee travel time. 

Timeero software comes with an option to set a different hourly rate for the jobs you create, giving you flexibility around the travel time rate.

Mileage Tracking

But Timeero’s usability for compensating your workers’ travel expenses doesn’t end there. 

When employees use their own vehicles for work-related tasks, accurate mileage tracking is essential for reimbursement, in line with California Labor Code Section 2802. Timeero facilitates this with its powerful tracking features.

When it recognizes driving, the Timeero mobile app automatically starts tracking employees’ mileage and routes, capturing precise data for accurate reimbursement.

You can also use the app to replay employees’ routes and compare their actual routes with the shortest routes to their destinations.

Segmented Tracking

To provide a clearer view of how employee time is spent during work hours, Timeero offers segmented tracking capabilities. This visual timeline and data gathered can be especially useful in the context of California’s nuanced labor laws around travel time.

Segmented tracking will give you a quick overview of your employee’s travel time vs. time spent on site. If there are any potential issues when it comes to excessive travel time or mileage, you will be able to spot them right away.

California Overtime Settings

Timeero includes settings specifically designed for tracking California-specific overtime and double-time hours , helping you maintain compliance with state labor laws.

You can choose the California Overtime Rules feature in the company settings, set the overtime rate, and have the exact payroll data ready when the next paycheck is due.

California Breaks

During their working hours, non-exempt employees in California are mandated to use their breaks. Not providing them with breaks leads to premium pay and potential legal and financial penalties.

Timeero includes a California Breaks Tracker feature that helps you ensure compliance with California meal and rest break laws , further reducing the risk of labor law violations.

With this feature, your California workers must complete the Daily Sign-off form before clocking out from their shifts. This way, they will verify whether they’ve used their breaks in a way that is compliant with California breaks law. Timeero will also automatically alert you if there is a compliance issue.

Disclaimer: California laws are complex, so this article serves informational purposes only. Consult your legal team for personalized advice.

FAQ: Travel Time in California

Is it a law in california that you must be paid for travel time.

Yes, it’s a legal requirement. Failure to comply with the California Labor Code and DLSE guidelines on travel time pay can result in legal actions, including penalties and back pay.

How Many Hours Per Day Is Travel Time in California?

There’s no hard and fast rule for a “per day” cap on travel time. However, what counts as compensable hours varies based on travel, whether a special one-day assignment or an overnight trip. An accurate time-tracking tool is your best friend here.

How Much is Travel Pay in California?

In California, the rate for travel time pay is typically calculated at the employee’s regular rate of pay. But, in some cases, both sides may agree to a different rate for travel time before the travel takes place. The rate must be at least the minimum wage.

With Timeero, mastering California’s time, overtime, and break laws is a breeze.

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Unpacking travel time compensation in california: know your rights.

by PLBH | Nov 11, 2023

Grasping the nuances of travel time compensation in California is crucial for employees navigating work-related travel. This type of time is often payable when an employer mandates attendance at a specific location and dictates the mode of transportation.

Here are five essential aspects to understand about travel time compensation. If you require help from an employment law attorney , contact PLBH at (800) 435-7542 for a free legal consultation.

Normal Commute vs. Compensable Travel Time

The standard journey to and from your job site typically doesn’t qualify for travel time compensation under California law. The decisive factor is the degree of employer control—regular commutes offer personal discretion, falling outside employer-paid hours. Yet, if your employer mandates travel through specific transportation means, such as a company shuttle from a common gathering point, that period under the employer’s direction may become compensable.

Minimum Wage Requirements for Travel Time

Travel time pay must align with at least the state’s minimum wage standards. If your work contract remains silent on the matter, this travel time should be remunerated at your regular wage rate. However, employers sometimes designate a lower hourly rate for travel time, which is permissible as long as it meets or surpasses minimum wage benchmarks.

Travel Time Pushing Towards Overtime

For nonexempt employees, accumulative travel hours might tip the scales, necessitating overtime wages. California labor laws stipulate overtime pay at 1.5 times your standard rate after exceeding daily or weekly work hour thresholds. Travel time can significantly contribute to reaching these overtime-eligible hours, a detail often overlooked by workers.

California’s Stance vs. Federal Guidelines

Comparatively, California’s labor laws are more favorable to employees than federal guidelines concerning travel time. The federal Fair Labor Standards Act (FLSA) doesn’t consider employer control as a factor for compensable work, potentially limiting travel time remuneration under its jurisdiction.

Mileage Reimbursement for Work-Related Travel

If your work-related travel involves your personal vehicle, California law may entitle you to mileage reimbursement. This compensation covers vehicle-related expenses incurred due to employer-required travel. Businesses often resort to the IRS’s standard mileage rates to calculate these reimbursements.

Addressing Unpaid Travel Time

Should you find yourself uncompensated for rightful travel time, California law permits you to lodge a wage and hour claim. This process can help you reclaim unpaid wages, including interest, and possibly cover attorney’s fees and court costs. Claims can be directed through legal action or filed with the Labor Commissioner’s office within the California Division of Labor Standards Enforcement (DLSE).

If you’re navigating the complexities of travel time compensation and feel you might be owed for your travel, don’t hesitate to reach out to PLBH at (800) 435-7542 . Our team is dedicated to ensuring your rights are upheld and that you receive the compensation you’re entitled to.

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California overtime laws - calculating overtime pay in california, understanding and calculating california overtime pay.

California overtime rules and exceptions benefit employees more so than corresponding federal regulations.

Common Mistake

Not paying required overtime premiums.

Basic California Overtime Pay Requirements

For almost all nonexempt private sector California employees who are not covered by collective bargaining agreements, California overtime pay is based primarily on the number of hours worked in a day. However, you must also account for weekly totals when calculating California overtime.

Calculating California Overtime

The trickiest part of payroll administration is calculating overtime. You should use a step-by-step approach:

• Identify those hours that must be paid on an overtime basis;
• Decide whether you need to pay time-and-one-half or double-time for those hours; then
• Determine the "regular rate" you must use to calculate the overtime pay.

Regular Rate of Pay

When calculating overtime pay in California, you must use the employee's "regular rate" of pay — which isn’t always simply an employee's normal hourly amount. The regular rate is a term used to mean the employee's actual rate of pay after all hourly earnings and other types of compensation are considered, such as commissions, production/nondiscretionary bonuses and piece rates. The regular rate must include nearly all forms of pay received by that employee (but certain payments, such as expense reimbursements and discretionary bonuses, are excluded).

Weekly Overtime

Only hours worked at straight-time apply to the weekly 40-hour limit. This prevents "pyramiding" of overtime, where an employee earns overtime on top of overtime already paid.

Salaried Nonexempt Employees

Paying a nonexempt employee a salary doesn’t relieve you of your obligation to pay overtime. Nonexempt employees must be paid for all hours worked, including any daily or weekly overtime.

California Overtime Example

Calculating daily and weekly overtime in California can be quite confusing. Below is an example that shows the proper overtime calculations for one common situation.

Overtime Exceptions for Specific Industries in California

The Wage Orders, along with various California statutes, contain certain exceptions to the general rules for calculating overtime and premium pay for specific industries, including agriculture, domestic work/personal attendants, hospitals, transportation, residential care and many others. If you are in one of those industries, familiarizing yourself with the exceptions can help you avoid penalties and may even save you money.

Mandatory Overtime Restrictions for Specific Wage Orders

Generally, employees have no legal basis on which to refuse working overtime in California. There are, however, exceptions under certain specific Wage Orders, or a company policy or union contract addressing the subject. Employees also may have to be accommodated in terms of refusing overtime hours due to disabilities and religious needs. Under some Wage Orders, there are limitations on the actual amount of overtime you may require employees to work.

Related Resources

CalChamber members have access to several tools and services to help those who manage human resources work through California overtime pay-related issues, including:

Overtime Calculation Worksheet » Use this form to calculate pay for your nonexempt employees.

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California Overtime Law – What Every Worker Needs to Know

California overtime (OT) laws require non-exempt employees to earn one-and-a-half times their regular rate of pay when they work extra hours. In some cases, employees receive double-time pay for working overtime:

Workers who are denied mandatory overtime pay may file a complaint with the Labor Commissioner . Alternatively, workers may file a wage and hour lawsuit against their employer for unpaid wages and attorney’s fees.

In this article, our California labor and employment law attorneys discuss:

1. Can everyone get higher wages for working extra hours?

2. when do california mandatory overtime rules apply, 3. how much is overtime pay in california, 4. how soon do i receive overtime pay, 5. what if my employer refuses to pay me overtime, 6. can i get overtime if my employer did not authorize it first, 7. can my employer require me to work extra hours.

• 8. Can my employer require me to take comp time pay instead of overtime?

9. What is my regular rate of pay?

10. examples for calculating overtime pay, additional resources.

The only people in California entitled to receive higher wages for working extra hours are non-exempt employees who are :

• 18 years old or
• 16 or 17 years old and are legally allowed to work instead of going to school. 1

The following types of workers either get no overtime or have special overtime pay rules :

• Exempt employees
• Outside salespersons
• Unionized employees under a collective bargaining agreement
• Independent contractors
• Employees with an alternative workweek schedule
• Certain healthcare industry workers
• 24-hour childcare employees
• Live-in household employees
• Non-live-in household employees
• Ambulance teams working for 24-hour shifts
• Certain resident managers
• Personal attendants at nonprofits
• Camp counselors
• Ski industry employees
• “Extra players”
• Agricultural workers

Each of these professional exemptions is discussed below.

1.1. Exempt employees

California overtime laws – as well as other wage and hour laws requiring meal and rest breaks – do not apply to exempt employees.

In order to be considered an exempt employee , workers typically must both:

• have a “white collar” job, which consists of administrative, professional, or executive duties that require the worker to exercise independent judgment and discretion; and
• receive a fixed salary instead of an hourly wage, and this salary must be no less than twice California’s minimum wage for a full-time job (40 hours/week). For 2024, the minimum exempt salary for businesses is $66,560 per year (or $1,280 per week). 2

Example : A professional employee, Maria is the manager of a small bookstore. She has the authority to hire and fire employees and to make purchasing decisions, and she spends all of her time on management and administration. Maria is paid an annual salary of $39,000. Because this amount falls below the $66,560  minimum threshold for the white-collar overtime exemption, the bookstore’s owners owe her overtime pay every time she works extra hours.

Note that exempt employers who work on an hourly basis must still get paid for every extra hour they work. But unless their employment agreement says otherwise, their overtime pay is no higher than their regular pay.

1.2. Outside salespersons

Outside salespeople are not entitled to overtime pay in California if they meet the following three conditions:

• They are at least 18 years old;
• At least half of their work time is spent away from their employer’s place of business; and
• They sell contracts, services, items, or facility usage 3

1.3. Unionized employees under a collective bargaining agreement

Unionized employees are not entitled to overtime pay in California if their collective bargaining agreement provides for:

• work hours, work conditions, and wages; and
• a regular hourly wage that is 30% or more than California’s minimum wage; and
• wage rates for overtime hours

If the collective bargaining agreement does not meet these three conditions, then unionized employees are considered “non-exempt” and may receive overtime pay in accordance with California wage and hour laws. 4

White-collar workers are typically exempt and therefore not entitled to time-and-a-half pay for extra work hours.

1.4. Independent contractors

Independent contractors are not entitled to overtime pay in California. The legal definition of an independent contractor is someone who:

• performs a service under an employment contract that says they will produce a specified result for specified pay, and
• maintains control over the means by which the result is accomplished. 5

Independent contractors are more common than ever in the gig economy. See our related article on independent contractor misclassification .

1.5. Employees with an “alternative workweek schedule”

Finally, the normal California laws for overtime do not apply to workers whose employer has instituted an “ alternative workweek schedule .” An alternative workweek schedule is a written agreement between

• a group of employees and
• their employer

that the employees may work up to ten hours a day without overtime pay.

In order to be a valid exception to California overtime rules, an alternative workweek schedule must be approved by at least two-thirds of affected employees in a work unit by secret ballot. (The employer must report the alternative workweek schedule to the Division of Labor Standards Enforcement within 30 days.)

1.5.1. When overtime kicks in

Employees are still owed overtime

• if they work more than the number of hours authorized by the alternative workweek schedule, or
• if they work more than 40 hours in a single workweek.

Note that employers may not retaliate against employers for their opinions concerning having an alternative workweek. 6

1.6. Certain healthcare industry workers

Under Wage Orders 4 and 5 , healthcare employees under alternative workweek agreements receive time-and-a-half OT for working

• a shift of more than 10 hours but no more than 12 hours in a 40-hour workweek; or
• more than 40 hours in a workweek.

These workers receive double-time OT for working a shift longer than 40 hours.

Meanwhile, healthcare workers residing onsite can agree to a 14-day work period instead of a seven-day week. They receive time-and-a-half overtime for working more than eight hours per workday and more than 80 hours in the 14-day period. Double-time pay kicks in if they work more than 12 hours in a workday.

1.7. 24-hour childcare employees

Pursuant to Wage Order 5, live-in nannies earn time-and-a-half overtime for working more than 40 hours in a week. Double time is required for working more than:

• 16 hours in a shift, or
• 48 hours in a workweek.

1.8. Live-in household employees

Pursuant to Wage Order 15, live-in employees must receive time and one-half for hours worked during required off-duty periods or on the sixth and seventh days of the workweek. Double-time kicks in when they work more than nine hours on those days.

1.9. Non-live-in household employees

Pursuant to Wage Order 15 , non-live-in household employees do not get overtime on the seventh consecutive workday if:

• their total weekly work hours do not exceed 30 and
• their total daily work hours do not exceed six.

1.10. Ambulance teams working for 24-hour shifts

Pursuant to Wage Orders 5 and 9 , there is no overtime for ambulance teams working 24-hour shifts who contracted in writing to exclude from their daily time worked up to

• three one-hour meal periods, and
• one sleeping period of up to eight hours.

1.11. Certain resident managers

Pursuant to Wage Order 5, resident managers at old-age facilities with less than eight beds are exempt from daily overtime . Though they should receive time-and-a-half overtime pay for working more than 40 hours or six days in a workweek – even in emergencies .

1.12. Personal attendants at nonprofits

Under Wage Order 5, personal attendants at nonprofit organizations get time-and-a-half overtime pay for working more than 40 hours or over six days in a workweek – even in emergencies.

1.13. Camp counselors

According to Wage Order 5, camp counselors are not subject to daily overtime but must receive time-and-a-half overtime pay for

• hours exceeding 54 in a week or
• more than six days of work in a week.

This is true even in the case of an emergency .

1.14. Ski industry employees

Pursuant to Wage Order 10 , ski resort employees during active ski months can agree to schedules up to 48 hours per week before overtime applies. They must receive time-and-one-half overtime pay for working more than 10 hours in a workday or more than 48 hours in a workweek.

1.15. Minors

Minors covered by Wage Order 12 earn time-and-a-half overtime pay for hours worked on the sixth consecutive workday . This does not apply to 16-or 17-year-olds not legally required to be in school .

1.16. “Extra Players”

Under Wage Order 12, “ extras ” in films and TV receive time-and-a-half overtime for the ninth or 10th hour in a workday. Double-time overtime pay kicks in when they work more than 10 hours in a workday (calculated in one-tenth hour increments).

1.17. Agricultural workers

Under Wage Order 14, employers with 25 or fewer employees are required to pay agriculture workers (including sheepherders and irrigators) overtime after nine hours per day or 50 hours per week. Though starting in 2025 , regular overtime pay rules will apply to them.

Regular overtime pay rules already apply to agricultural workers at companies that employ 26 or more people . 7

Under the time clock rules for hourly employees , non-exempt employees generally may get mandatory overtime pay if they work more than:

• An 8-hour workday (or a 10-hour workday in a four-day “alternative workweek”, or a 12-hour day in a three-day “alternative workweek”); or
• A 40-hour workweek; or
• Six (6) consecutive days in a workweek 8

Each of these overtime requirements is discussed below. Note that workers cannot waive their right to overtime pay.

2.1. More than eight hours in a workday

Non-exempt employees are generally entitled to overtime pay if they work more than eight hours in a single workday . Alternatively, non-exempt employees are generally entitled to overtime pay if they work more than 10 hours in a single workday on an alternative workweek schedule . (As discussed above in section 1.5, alternative workweeks generally include four workdays of 10 hours each.)

Unless the employer says otherwise, a workday goes from 12:01 A.M. to midnight. Note that employees who work more than eight hours on a single calendar day may still be ineligible for overtime if those hours are spread over two different workdays.

Example : Jack’s employer scheduled Jack’s workday from 4:00 P.M. to 3:59 P.M. Jack works from 12:00 PM to 10:00 PM. Even though Jack works ten hours in a row in one calendar day, the first four hours fall on one workday (from 12:00 P.M. to 3:59 P.M.), and the final six hours work on another workday (4:00 P.M. to 9:00 P.M.). Therefore, Jack’s work does not trigger overtime pay.

Note that employers cannot change workday start times and end times unless there is a legitimate business reason. Also note that employees are still entitled to overtime pay for working more than eight hours on a particular workday even if they usually work eight or fewer hours a day on average. 9

Also note that people who normally work fewer than eight hours a day are not entitled to overtime pay if they work the full eight hours. They would get their normal wage up until eight hours are worked.

2.2. More than 40 hours in a workweek

Non-exempt employees should receive overtime pay if they work more than 40 hours in a single workweek.

Working more than 40 hours within a week-long period does not automatically entitle employees to overtime if those 40 hours span two separate workweeks:

Example : Moe’s workweek starts on Monday and ends on Sunday. Moe works eight hours a day on Wednesday, Thursday, Friday, Saturday, Sunday, and Monday: Working more than 40 hours over two separate workweeks does not trigger overtime pay. Even though Moe worked 48 hours in a week-long period, 40 of those hours spanned just one workweek, and the other eight hours were in a totally different workweek. Therefore, Moe is not entitled to overtime based on working more than 40 hours in a week-long period.

Note that an employee’s daily overtime hours do not count towards their weekly overtime hours. This means that an employee must work at least 40 hours at a regular hourly rate (straight-time pay) before they can receive overtime for working more than 40 hours in a workweek, even if the employee is already receiving overtime pay for working more than eight hours on a workday.

This rule keeps employees from pyramiding , which is the practice of receiving double credit for their hours worked. 10

Also note that people who normally work fewer than 40 hours a week are not entitled to overtime pay if they work the full 40 hours. They would get their normal wage up until 40 hours are worked.

(See our related article on How many hours can I legally work in a day? )

2.3. More than 6 consecutive days in a workweek

Non-exempt employees are generally entitled to overtime pay for a seventh consecutive day of work in a workweek.

As with workdays, employers get to decide when their workweek starts. Therefore, working seven days in a row does not automatically entitle employees to overtime if those seven days span two separate workweeks:

Working more than 6 days in a row over two separate workweeks does not trigger overtime pay. Example : Moe’s workweek starts on Monday and ends on Sunday. At one point Moe works eight-hour days on Wednesday, Thursday, Friday, Saturday, Sunday, Monday, and Tuesday: Even though Moe worked seven days in a row, the final Monday and Tuesday fell on a different workweek than the previous five days. Therefore, Moe is not entitled to overtime pay based purely on working seven days in a row.

Note that employers may have different workweeks for different workers. Employers cannot change workweeks to try to get around obligations to pay employees overtime. 11

For more discussion, see our page on How many days in a row can you work without a day off?

California’s overtime rate of pay generally consists of “time and a half.” That is, the overtime calculations are one and one-half times the worker’s regular rate of pay.

Non-exempt employees in California get time-and-a-half OT pay when they work:

• more than 8 hours up to 12 hours in a workday; or
• more than 40 hours in a workweek; or
• the first 8 hours on the seventh consecutive day in a workweek

However, employers must pay double-time wages – twice the employee’s regular hourly wage rate – when employees work either:

• more than twelve (12) hours in a single workday, or
• more than eight (8) hours on the seventh consecutive workday. 12

3.1. What “hours worked” includes

Note that hours worked include not only time spent working but also the following:

• meal breaks only if the employee is asked to – or allowed to – work during the break;
• rest breaks (which are usually 10 minutes for every four hours worked); 13
• “on call” periods unless the employee is free to participate in personal activities and has sufficient time to go to work when called on (learn more about  standby pay ); 14
• job preparation time if the prep is integral and indispensable to the job; 15
• commuting if it is mandatory to travel on employer-provided transportation, or if the employee must travel to a job site that is far from their office 16

Employers must pay overtime by the second regular payday following the overtime work. 17 This way, employers have extra time to collect enough money to make good on overtime pay. 18

Employees owed overtime typically file a wage claim with the Division of Labor Standards Enforcement (DLSE) / California’s Labor Commissioner’s Office . A Deputy Labor Commissioner will then decide whether to:

• Dismiss the claim ;
• Refer the matter to a conference , where the parties can hopefully resolve the claim without a hearing. The parties will be mailed the date, time, and location of the conference; or
• Refer the matter to a hearing , where the parties and witnesses can testify under oath in a recorded proceeding. Afterwards, the parties will be served with an ODA, short for an Order, Decision, or Award of the Labor Commissioner . (ODAs can be appealed in a civil court trial. If the employer appeals, the DSLE can represent employees who cannot afford an employment lawyer.) If an employer fails to pay back wages after being ordered to do so, a court will enter a judgment against the employer. The employee can try to collect on it themself or ask that the DLSE do it.

Alternatively, employees can sue the employer for unpaid overtime in a traditional lawsuit. An employer’s officers, directors, owners, and/or managing agents may also be held individually liable if they violate wage and hour laws. 19

5.1. If the employer retaliates

If an employer retaliates against an employer for filing – or threatening to file – a wage claim, the employee can file a complaint with the Labor Commissioner’s Office or sue the employer. Note that former employees who are still owed overtime pay are also entitled to a waiting time penalty . 20

Unpaid overtime complaints are the most common claims in California wage and hour law. 21 Sometimes employers underpay simply because they are ignorant of the law, and other employers purposely underpay (“ wage theft “).

Either way, employees who earn overtime pay may not waive their right to it. 22

Yes. Non-exempt employees in California should receive overtime pay for unauthorized overtime, which means that the employer did not expressly tell them to work extra hours. All that is required is that the employer

• knew – or
• should have known – that the employee was working extra hours.

(The legal term for this is that the employee was “suffered or permitted to work, whether or not required to do so.”)

However, employers can discipline employers for working overtime without getting permission first. Plus employees cannot intentionally keep their bosses in the dark about working extra hours. 23

Note that employers are never allowed to ask their workers to work “off the clock.” 24

Non-exempt employees who work a seventh consecutive day in a workweek should receive overtime pay.

Yes. Under California’s overtime laws, employers usually can require mandatory overtime (“forced overtime”).

Employers can discipline workers – including firing them – who refuse to comply. An exception is that employers cannot discipline workers who refuse to work the seventh day of a workweek. 25

Note that one of the purposes of overtime pay laws is to encourage employers to hire more people so they can avoid having to pay overtime. This way,

• more people are employed ,
• these employees do not have to work extra hours, and
• the employer does not have to pay time-and-a-half or double rates.

See our related article, “Make-Up Time” – What is it and how does it work?

8. Can my employer force me to take comp time pay instead of overtime?

No, California employees do not have to take paid time off ( comp time ) in lieu of receiving overtime pay. However, employees can ask the employer for comp time instead of overtime if all of the following are true:

• The employee works 40-hour (has full-time employment);
• The employee asked the employer in writing for comp time instead of overtime;
• The employee has not yet accumulated more than 240 hours of comp time; and
• There was already a written agreement between the employer and employee regarding comp time.

Furthermore, the compensating time must be the same as the overtime rate. So if the overtime rate is time-and-a-half, then the employer must grant an hour-and-a-half of paid time off for each overtime hour worked. 26

It depends on whether the employee is hourly, salaried, or piece-rate. In any case, a worker’s regular rate of pay may not be below minimum wage (with some exceptions).

California employers use their employees’ regular rate of pay to calculate overtime pay.

9.1. Hourly employees

The regular rate of pay for hourly, non-exempt employees is typically their hourly rate. So if someone earns $16.00 an hour, their regular rate of pay is $16.00 an hour. Then that means their overtime remuneration would be

• $24.00 an hour for time-and-a-half pay (1.5 times $16.00) and
• $32 an hour for double-time pay (2 times $16.00).

Though if the same employer pays one employee two or more rates during a single workweek , then their regular rate of pay is determined by dividing the employee’s total earnings (including overtime) by the total hours worked during that workweek. This weighted average is the employee’s regular rate of pay.

Note that shift differentials and/or the “per hour value” of any non-hourly payments the worker has earned factor into what the regular rate of pay is.

9.1.1. Non-discretionary bonuses

In some cases, hourly employees receive a non-discretionary , flat-sum bonus. ( Non-discretionary bonuses reward time, skill, or they can serve as an incentive to stay in the job). These bonuses would get divided by the non-overtime hours worked and added to the hourly wage to compute the regular rate of pay.

Example : One week Laura works 30 non-overtime hours at $16.00 per hour. She earns a $30 bonus. The $30 is divided by the 30 non-overtime hours. This equals $1. Therefore, Laura’s rate of pay is $17.00 an hour ($16.00 plus $1).

9.1.2. Exclusions from regular rate of pay

Payments that are not part of the regular rate of pay include:

• discretionary bonuses
• reimbursements for expenses
• pay during periods when you do no work (such as sick time, vacations, holidays, lack of work)
• premium pay for work on holidays or weekends as long as the pay is at least one-and-a-half times the regular rate for similar work during normal work hours 27

9.2. Salaried employees

Non-exempt salaried employees can compute their regular rate of pay by dividing their weekly salary by the number of non-overtime hours they work (up to 40 hours). So if an employee works 40 hours a week and receives $640 each week, their regular rate of pay is $16.00 an hour (divide $640 by 40 hours). 28

In order to calculate one’s weekly salary :

• multiply the monthly salary by twelve (months) and then
• divide the product by 52 (weeks).

9.3. Piece-rate and commission employees

There are three main ways to determine a regular rate of pay in order to calculate overtime for piecework or commission employees:

• The piece or commission rate.
• The quotient of dividing the employee’s workweek earnings by the hours worked.
• The group rate, which you compute by dividing the total pieces by the number of people in the group. Then each worker receives the group rate times the number of hours they worked. 29

Then the standard time-and-a-half and double-time rules apply to any overtime hours worked.

Some workers earn different rates from the same employer depending on the specific job they do. For people who earn more than two rates, their rate of pay is a “weighted average” (which is calculated by dividing the workweek’s entire earnings by all the hours worked).

For the following five examples , Bill’s workweek is Monday through Sunday, and Bill’s workday is from 12:01 A.M. to midnight.

One week, Bill’s work schedule is five hours a day from Monday through Saturday, except on Tuesday he works nine hours. Employees should receive one-and-a-half overtime pay for working more than eight hours up to 12 hours in a workday.

Since Bill worked nine hours on Tuesday, he should get eight hours of regular pay plus one hour of 1.5x overtime pay :

Working more than eight hours in a workday triggers overtime pay.

One week, Bill works five hours a day from Monday through Saturday, except on Tuesday he works 13 hours. Employees should receive one-and-a-half overtime pay for working more than eight hours up to 12 hours in a workday, and employees should receive double overtime pay for working more than 12 hours in a workday.

Since Bill worked 13 hours on Tuesday, he should get eight hours of regular pay plus four hours of 1.5x overtime pay plus one hour of 2x overtime pay:

Working more than 12 hours in a workday triggers double-time overtime pay.

One week, Bill works four hours a day from Monday through Saturday, and on Sunday he works 16 hours. Employees should receive one-and-a-half-time pay for working more than eight hours up to 12 hours in a workday, and employees should receive double-time pay for working more than 12 hours in a workday.

Since Bill worked 16 hours on Sunday, he should get eight hours of regular pay plus four hours of 1.5x overtime pay plus four hours of 2x overtime pay :

Working 40 hours in a workweek does not trigger overtime pay unless one of those workdays included working more than eight hours.

One week, Bill works seven hours a day from Monday through Sunday. Here, Bill should receive one-and-a-half pay for two reasons:

• Working more than 40 hours in a workweek, and
• Working more than six consecutive days in a workweek.

In these situations, the employer should calculate how much overtime Bill should receive for each reason and then pay Bill the highest of the two:

• Since Bill worked 49 total hours in a workweek – which is nine more hours than the typical workweek maximum – he should receive nine hours of one-and-a-half overtime pay.
• Since Bill worked seven consecutive days – which is one more day than the typical workweek maximum – he should receive one-and-a-half pay for the seven hours he worked on the seventh day.

Since nine hours of overtime pay is bigger than seven hours of overtime pay, Bill should receive nine hours of overtime compensation .

Sometimes workers put in extra hours in a workday as well as extra days in a workweek. Here, the employer must calculate overtime pay for each reason — and then pay the higher of the two.

One week, Bill works seven hours a day from Monday through Saturday, and then 13 hours on Sunday. Here, Bill should receive one-and-a-half pay for two reasons:

He should receive double-time pay for working more than eight hours on a seventh consecutive workday (Sunday).

Here, Bill worked 15 hours total of overtime . After finishing five hours of work on Saturday, he started to exceed the 40-hour workweek maximum: Those additional two hours he worked on Saturday merit one-and-a-half overtime pay .

For Sunday – which was his seventh consecutive day in a workweek – Bill should get one-and-a-half time pay for the first eight hours and double pay for the final five hours:

Once a worker has put in 40 hours in a workweek, any additional hours count as overtime.

For more information on California overtime law, refer to the following:

• How to file a wage claim – Instructions provided by the California Labor Commissioner.
• Free overtime calculator – A program provided by Forbes that lets you input your salary and hours so you can estimate what your paycheck should be.
• An overview of overtime laws by state – A comparison provided by an employment software company.
• Fair Labor: A Brief History of Overtime in America – Audio story by The Takeaway.
• What California Employers Need to Know About Overtime for Employees – Information provided by the Poster Compliance Center.

Legal References

• California Labor Code section 510 ; see California Labor Code (LC) 2661; see also Industrial Welfare Commission Wage Orders , California Department of Industrial Relations (DIR); Labor Code 1173 ; see also the federal law, the Fair Labor Standards Act (FLSA) .
• Labor Code 515 ; Cal. Code Regs., tit. 8, § 11040; see also Minimum Wage , DIR.
• Cal. Code Regs., tit. 8, §§ 11010 – 11170.
• Labor Code 514 .
• 29 U.S.C. § 207; LC, 510; LC 3353.
• Same. LC 510; Cal. Code Regs., tit. 8, 11010 – 11170.
• Cal. Code Regs., tit. 8, §§ 11040, 11050, 11140, 11150. California Assembly Bill 1066 (2020) .
• Same; see also Seymore v. Metson Marine, Inc., (2011) 194 Cal.App.4th 361 .
• LC 510; Cal. Code Regs., tit. 8 § 11170; Monzon v. Schaefer Ambulance Serv. (1990) 224 Cal.App.3d 16 .
• LC 510 – 511.
• See Gomez v. Lincare, Inc., (2009) 173 Cal.App.4th 508 .
• See Mitchell v. King Packing Co. (1956) 350 U.S. 260 .
• See LC 510; 29 C.F.R. § 785.37; Morillion v. Royal Packing Co. (2000) 22 Cal.4th 575 ;
• See Post v. Palo/Haklar & Associates, (2000) 23 Cal.4th 942 . LC 558.1 .
• See Stephanie Plancich, et al., Trends in Wage and Hour Settlements: 2015 Update.
• See Morillion v. Royal Packing Co. (2000) 22 Cal.4th 575 . See Troester v. Starbucks Corp. (2018) 5 Cal.5th 829 . See Isner v. Falkenberg/Gilliam & Assoc. (2008) 160 Cal.App.4th 1393 . See Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004 .
• See Bradley v. Networkers Internat., LLC (2012) 211 Cal.App.4th 1129 .
• See Overtime, DIR .
• See Huntington Memorial Hospital v. Superior Court (2005) 131 Cal.App.4th 893 .; Alvarado v. Dart Container Corporation of California, (2016) 4 Cal. 5th 542 ; see note 25.
• See note 25.

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On the road again: Compensating work-related travel

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After limiting work-related travel due to the pandemic, many employers are sending their employees to out-of-town sales meetings, conferences, and trainings. Here are the rules of the road for compensating California employees for work-related travel.

Non-exempt employees must be compensated for employer-mandated travel time

Employees exempt from overtime rules, such as executives, professionals, and high-level administrators, are paid a set salary of at least twice the state hourly minimum wage to perform their duties, however long it takes. They are not entitled to extra compensation for traveling on business.

Under the governing state wage orders, non-exempt employees, whether paid by the hour or by salary, are entitled to be paid for all “hours worked,” including “the time during which an employee is subject to the control of an employer. ...” That includes time spent on employer-mandated travel.

DLSE guidance on compensating work-related travel

In 2002, the California Division of Labor Standards Enforcement (DLSE) issued opinion letter 2002.02.21 , whose guidance was later incorporated into the agency’s enforcement manual, reviewing the legality of an employer policy that provided that “Time spent traveling as a passenger on a plane, train, bus, car, or taxicab to a business destination outside [an employee’s] normal business hours is not considered to be paid time.” The DLSE concluded the policy violated California law, even if it might pass partial muster under the less demanding federal wage rules.

“Under state law, if an employer requires an employee to attend an out-of-town business meeting, training session, or any other event, the employer cannot disclaim an obligation to pay for the employee’s time in getting to and from the location of that event. Time spent driving, or as a passenger on an airplane, train, bus, taxi cab or car, or other mode of transport, in traveling to and from this out-of-town event, and time spent waiting to purchase a ticket, check baggage, or get on board, is, under such circumstances, time spent carrying out the employer’s directives, and thus, can only be characterized as time in which the employee is subject to the employer’s control. Such compelled travel time therefore constitutes compensable ‘hours worked.’”

According to the DLSE, that does not mean every hour an employee spends away on employer-required travel is compensable. “[T]ime spent taking a break from travel in order to eat a meal, sleep, or engage in purely personal pursuits not connected with traveling or making necessary travel connections (such as, for example, spending an extra day in a city before the start or following the conclusion of a conference in order to sightsee), is not compensable.”

Employer may establish lower rate of compensation for travel before it occurs

The DLSE allows an employer, by policy or contract, to “establish a separate rate for travel before the work is performed, provided that no rate of pay can fall below the state minimum wage. Under state law, the obligation to pay no less than the minimum wage attaches to each separate hour, or part of each hour worked.”

All employees must be reimbursed for reasonably necessary work-related travel expenses

California Labor Code section 2802 requires an employer to reimburse exempt and non-exempt employees alike for all necessary expenses incurred in connection with employer-required travel.

Employers often reimburse employees who drive out-of-town for business at the mileage rate set by the U.S. Internal Revenue Service rather than for all expenses the employee actually incurs in driving. In June, the IRS announced an unusual mid-year increase in the business-related mileage reimbursement rate from 58.5 cents to 62.5 cents effective July 1 through the end of the year to reflect the recent increase in fuel prices.

Limits on employer duty to pay work-related travel costs

Non-exempt employees must be paid for business travel that an employer requires , not business travel that an employee elects to take, such as for an enrichment seminar the employee chooses to take to make himself or herself a better employee. And an employer must reimburse “necessary” travel-related expenses, not discretionary extras like seat or room upgrades. Along with the ability to set a lower compensation rate in advance for hours spent traveling for business, these limits give employers some control over their travel budgets.

Dan Eaton is a partner with the San Diego law firm of Seltzer Caplan McMahon Vitek where his practice focuses on defending and advising employers. He also is an instructor at the San Diego State University Fowler College of Business where he teaches classes in business ethics and employment law. He may be reached at [email protected] . His Twitter handle is @DanEatonlaw

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• 6 Things You Need to Know About Travel Time Pay in California

Your employer told you to drive to a store in Los Angeles to buy some donuts during normal work hours. Are you going to get paid for that trip, and why? Today, we brought our Los Angeles employment law attorney Jeffrey Rager to spell out what is travel time pay, when you are eligible to receive it, how it is calculated, and whether travel time always equals business time.

Travel time vs commuting time: what is the difference?

But before we delve into the topic, let’s make sure that you understand the difference between commuting time and travel time. The former refers to an employee’s personal time spent to commute back and forth from work to home, while travel time is time spent traveling by an employee for work-related activities.

Under California employment laws, travel time should be paid, and can be either local trips or travel away from home.

Are you eligible for travel time pay?

You are eligible to receive pay for local travel time only if you are a non-exempt employee (meaning: you are employed on an hourly basis). Exempt employees, who are paid based on their performance and expertise, are not entitled to travel time pay.

For non-exempt employees, travel time – as well as education and training time – are classified as “working hours,” which means their employers are legally required to pay them for it.

For example, let’s get back to the situation we have mentioned in the very beginning. If you are asked by your employer or supervisor to drive to a store to pick up some items during normal work hours, you should be paid for your travel time.

Time spent traveling away from home

An employer in Los Angeles and elsewhere in California is required to compensate his employees for any time spent traveling away from home. Let’s say, for example, that your employer directs you to attend a two-day event in New York City. Since you will have to spend time traveling from Los Angeles to New York City, your employer should pay travel time.

Our Los Angeles wrongful termination lawyer at Rager & Yoon – Employment Lawyers explains that California employers are typically required to compensate their employee for spending any time that is under the employer’s control.

How to calculate travel time pay?

Calculating travel time pay for salaried employees, who get paid bi-weekly or monthly, is not a problem, since they get paid regardless of the number of hours worked.

Hourly employees, meanwhile, should be paid on an hourly basis, which means travel time may not be as easy to calculate. It is highly advised to speak to an employment law attorney to find out whether or not travel time pay was calculated properly in your particular situation.

Is one-day or overnight stay paid?

If you have not been for a one-day or overnight stay, seek immediately legal advice of a lawyer. While hourly employees in Los Angeles and elsewhere in California are generally required to receive travel time pay in these situations, there are certain exceptions. That is why you should speak to an attorney to learn more.

Should your employer compensate for travel expenses?

Definitely. Travel time itself is not the only thing that an employer pays for. Travel expenses should be compensated by your employer, as employees can generally deduct unreimbursed travel expenses. In case you are traveling for both work-related activities and personal travel, you will have to keep separate checks for business-related expenses.

Calculating travel time pay and understanding employment laws is not the easiest task. That is why you are highly advised to get a free consultation from an experienced Los Angeles employment law attorney to determine whether or not your travel time pay is fair, or how to take legal action against an employer who does not pay for travel expenses.

Contact Rager & Yoon – Employment Lawyers for a free case evaluation. Call our Los Angeles offices at 310-527-6994 or fill out this contact form today.

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California mandatory overtime laws explained.

We can all relate to going the extra mile when it comes to our jobs, but what happens when that additional mile becomes overtime? In California, one of the aspects of employment regulations is mandatory overtime.

If you are an employee or employer, this article is your go-to resource to understand, navigate, and comply with the intricacies of California mandatory overtime laws. From overtime rates to exemptions and common FAQs, we've got you covered!

The Basics of California Mandatory Overtime

In order to grasp the concept of California's mandatory overtime, it is important to delve into its fundamental aspects.

What is Mandatory Overtime?

Mandatory overtime in California refers to the extra compensation required by law for eligible employees who work in excess of standard hours. Any time worked more than the normal 40 hours in a workweek is officially considered overtime, as well as any time worked after 8 hours in one day.

Who Qualifies for California Mandatory Overtime?

Now that we've established what California mandatory overtime entails, let’s go into the specifics of who is a candidate for it.

Non-Exempt Status

To be eligible for overtime pay, an employee must fall under the non-exempt classification. This means that individuals classified as exempt, such as salaried managers or professionals, typically do not qualify for overtime compensation.

Hours Worked

Overtime becomes applicable when an employee works more than an 8 hour workday or exceeds 40 hours within a workweek. If you find yourself clocking in additional hours over these limits, you are entitled to overtime pay.

Double Overtime

When a California worker puts in more than 12 hours in a single workday, they are subject to double overtime. The employee's extra effort is acknowledged by this supplementary level of pay.

Seventh Consecutive Day

Overtime rates are also triggered when employees work on the seventh consecutive day of the workweek. This provision ensures that employees receive fair reimbursement for their consistent extra effort.

Understanding who qualifies for California mandatory overtime is essential for both employers and employees to guarantee that overtime compensation is provided in accordance with the applicable regulations and guidelines.

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How to Calculate Daily and Weekly Overtime in California

In general, California overtime provisions require that all nonexempt employees (including domestic workers) receive overtime pay at a rate of 1.5 times their regular rate of pay for all hours worked in excess of 8 per day and 40 per week. These overtime rules apply to all nonexempt employees. Most nonexempt employees are commonly paid on an hourly basis, but California overtime law includes nonexempt employees who are paid on a piece rate, daily rate or salary basis. For more on overtime rate calculations for rates other than hourly, see the explanations at the end of this document.

The California overtime law has a number of exemptions . An "exemption" means that the overtime law does not apply to a particular classification of employees. Any employee who does not meet the requirements of a specific exemption is regarded to be nonexempt. The overtime law also has several exceptions . An "exception" means that overtime is paid to a certain classification of employees on a basis that differs from that stated above.

Alternative workweek schedules are not addressed in this how-to guide. If your organization has an alternative workweek schedule, the daily overtime rules will differ. See How to Implement Alternative Workweek Schedules in California .

This how-to guide addresses only the steps necessary to comply with California's general overtime provisions. It is not meant to be nor should it be construed as legal advice, and employers should seek the guidance of independent legal counsel for further advice. 

Step 1: Determine Your Workdays and Workweeks

Because nonexempt employees are entitled to overtime pay if they work more than 8 hours in a workday, California employers should establish the start time of the workday to calculate overtime pay accurately.

Under California law, a workday is defined as any consecutive 24-hour period starting at the same time each calendar day. The workday may begin at any time of day. Different workdays may be established for different classes of employees. If an employer does not establish a workday starting time, the workday is considered to last from 12:01 a.m. to midnight.

Daily overtime is due based on the hours worked in any given workday, and averaging hours over two or more workdays is not allowed. After a workday is established by the employer, it must remain consistent and unchanged unless there is a legitimate business reason for changing it.

Given that nonexempt employees are entitled to overtime pay if they work more than 40 hours in a workweek, employers should establish which workday begins the workweek to calculate overtime pay accurately.

Under California law, a workweek is defined as any seven consecutive days, starting with the same calendar day each week, beginning at any hour on any day, so long as it is fixed and regularly occurring. An employer may establish different workweeks for different employees, but after an employee's workweek is established, it remains fixed regardless of his or her working schedule. An employee's workweek may be changed only if the change is intended to be permanent and is not designed to evade the employer's overtime obligation.

Step 2: Count the Number of Hours the Employee Worked During Each Workday and Workweek

California law requires employees to track the start and stop times for the beginning of the shift, meal break start and stop, and end of the shift. From these time records, the employer will count the hours worked each workday and workweek (as defined above).

Note: To simplify the examples in the following steps, we will be using whole number hours without any minutes or partial hours. We will also assume the workweek follows the calendar week of Sunday to Saturday.

Step 3: Determine Amount of Daily Overtime Owed

Under California law, nonexempt employees must be paid daily overtime as follows:

• One and one-half times the employee's regular rate of pay for all hours worked in excess of 8 hours, up to and including 12 hours in any workday, and for the first 8 hours worked on the seventh consecutive day of work in a workweek.
• Double the employee's regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of 8 on the seventh consecutive day of work in a workweek.

The employee worked five days, was absent a few hours on Wednesday and worked longer on Friday. Notice that on Friday the employee worked more than 8 hours in a day and is due 2 hours of overtime at 1.5 times the regular rate of pay.

The employee worked six days and worked more than 8 hours on two of those days. Under the daily overtime rules, the hours worked over 8 on Tuesday and Thursday must be paid at 1.5 times the employee's regular rate of pay. The hours worked over 12 on Thursday are paid at double time (2x). 

This is an example of an employee who worked all seven days of the workweek. Because the employee worked 10 hours on the seventh day, the first 8 hours of that day are paid at 1.5 times the regular rate of pay and the remaining 2 hours are paid at double time.

Step 4: Determine Amount of Weekly Overtime Owed

Under the weekly overtime law, overtime must be paid for any hours worked over 40 in the workweek at the rate of one and one half times the regular rate of pay.

Simply count all hours worked for the entire workweek.

• If the employee worked 40 or fewer hours that week, he or she has zero weekly overtime hours that week. For example, 38 total hours = 0 weekly overtime hours.
• If the employee worked more than 40 hours in the workweek, weekly overtime hours are calculated as total hours minus 40. For example, 44 total hours - 40 = 4 hours of weekly overtime due.

Step 5: Compare Daily to Weekly Overtime

In California employers must determine overtime for both daily and weekly overtime hours to ensure all overtime hours are paid each workweek. This does not mean that employers need to pay overtime twice on the same hours worked.

• When DAILY overtime hours (all hours paid at 1.5 and 2x regular rate) are EQUAL TO or MORE THAN the WEEKLY overtime hours, the employer must pay out according to the daily overtime rules for that employee that week. (All weekly overtime hours are already accounted for and paid.)
• If the number of WEEKLY overtime hours is MORE THAN the total DAILY overtime hours (all 1.5 and 2x regular rate) for that workweek, then the employer must ensure that all the weekly overtime hours are paid out in addition to the daily overtime. It is imperative that any double time hours required under daily overtime rules are identified and paid out at double time accordingly.

Employers should always look at the daily overtime rules specifically because some of the hours may be required to be paid at double time where weekly overtime only requires hours to be paid at one and one half times regular rate, no matter how many hours are worked beyond 40.

Another way to determine whether weekly overtime will increase what has been determined from daily overtime is to look at the total of straight time hours after determining daily overtime. If after following the daily overtime rules, the employer determines that the employee should be paid for 40 hours or less of straight time, then no adjustments are necessary to meet weekly overtime rules. If daily overtime results in more than 40 hours of straight time, then these hours over 40 should also be paid at 1.5x regular rate in addition to the daily overtime already determined. 

In example #2 (commonly referred to as overtime pyramiding), the employee worked six days within a Sunday-to-Saturday workweek by working three 8-hour days, one 10-hour day, one 14-hour day and 6 hours on Saturday for a total of 54 hours in the workweek. Under weekly overtime, it was determined the employee must receive at least 14 hours of overtime (54-40 =14). According to the daily overtime rules, the employee is paid overtime at one and one half times the regular rate for hours worked over 8 but fewer than 12 in a single workday. On Thursday, the employee worked more than 12 hours in a single workday, and those last two hours are paid at double time. Note that the employee exceeds a 40-hour workweek on Friday. However, the employee has already been paid overtime for Tuesday and Thursday, totaling 8 hours of overtime already paid. Because weekly overtime rules require the employee to receive at least 14 hours of overtime pay, another 6 hours must be paid at one and one half times the regular rate to meet both daily and weekly overtime rules (14 weekly overtime hours required – 8 daily overtime hours already paid = 6 more overtime hours required). After an employee is paid overtime for hours over 8 in a workday, those overtime hours are also applied to any weekly overtime requirement.

In example #3, the employee worked seven days within a Sunday-to-Saturday workweek by working six 5-hour days and one 10-hour day. The employee did not exceed 40 hours in the established workweek, therefore, no weekly overtime is required. However, under daily overtime rules, the employee did work seven consecutive days within the workweek. Therefore, the employee is entitled to overtime at one and one-half times his or her regular rate of pay for the first 8 hours worked on Saturday. The hours worked beyond 8 on the seventh consecutive workday in a workweek must be paid at double the regular rate. Therefore, the last two hours on Saturday must be paid at double time.

Step 6: Determine the Regular Rate of Pay for the Employee

Under California law, overtime pay is based on the employee's regular rate of pay. After it is determined how many hours are overtime hours at either one and one-half times or two times an employee's regular rate of pay, the employer needs to determine the employee's regular rate of pay. With the exception of flat-rate bonus payments, the regular rate is the average hourly rate calculated by dividing the total pay for employment (except the statutory exclusions) in any workweek by the total number of hours actually worked. The California Supreme Court decision in Alvarado v. Dart Container Corporation of California provides that overtime pay attributable to an employer's "flat-sum" bonus (i.e., a bonus amount that is not dependent on the number of hours worked by an employee) should be calculated by dividing the amount of the bonus by only the total number of non-overtime hours rather than by all hours worked.

Below are examples of how to calculate the regular rate of pay.

Hourly nonexempt employees

For hourly workers, the regular rate of pay is the amount earned for each hour worked, plus any nondiscretionary bonuses and commissions, divided by the total number of actual hours worked.

Example 1. If the employee is paid solely on an hourly basis, that amount is the regular rate of pay. For example, if an employee earns $16.00 per hour, overtime pay would be $24 at time and one-half and $32 at double time.

Example 2. If the employee is paid two or more rates by the same employer during the workweek, the regular rate is the weighted average, which is determined by dividing the employee's total straight-time earnings for the workweek, including earnings during overtime hours, by the total hours worked during the workweek, including the overtime hours.

For example, if an employee works 32 hours at $18 per hour and 10 hours during the same workweek at $16 per hour, the weighted average (and thus the regular rate for that workweek) is $17.52 . This amount is calculated by adding the employee's $736 straight-time pay for the workweek ((32 hours x $18/hour) + (10 hours x $16/hour) = $736) and dividing it by the 42 hours the employee worked ($736 / 42 hours = $17.52 per hour regular rate). The overtime premium of $8.76 (half the regular rate) is added to the employee's wages for each one and one-half overtime hour worked, and an additional overtime premium of $17.52 is added to hourly wages for each hour of double time earned.

Example 3. If the employee is paid an hourly rate plus a flat-sum bonus for the workweek, the flat-sum bonus is divided by only the non-overtime hours worked and added to the hourly rate of pay to determine the regular rate of pay to compute overtime. For example, if an employee works 32 hours at $18 per hour and earns a $50 attendance bonus, the regular rate is calculated by dividing the bonus by the number of non-overtime hours ($50 / 32 hours) for a rate of $1.56. This is added to the base hourly rate of $18 for a regular pay rate of $19.56 per hour at which overtime hours must be paid.

Piece-rate or commission employees

If the employee is paid by the piece or commission, one of the following methods may be used to determine the regular rate of pay for purposes of computing overtime:

• The piece or commission rate is used as the regular rate, and the employee is paid one and one-half times this rate for production during the first 4 overtime hours in a workday and double time for all hours worked beyond 12 in a workday.
• Another option is to divide the employee's total earnings for the workweek by the total hours worked during the workweek. For each overtime hour worked, the employee is entitled to an additional one-half the regular rate for hours requiring time and one-half, and an additional 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.

Salaried nonexempt employees

The payment of a fixed salary to a nonexempt employee generally provides compensation only for the employee's regular, non-overtime hours. All the same daily and weekly overtime rules apply to a salaried, nonexempt employee.

For the purpose of computing the overtime rate of pay for a full-time (40-hour per week) salaried, nonexempt employee, the employee's regular hourly rate equals 1/40th of the employee's regular weekly salary.

To calculate the hourly rate for a nonexempt employee paid on a fixed weekly salary, take the following steps:

• Multiply the monthly remuneration by 12 (months) to obtain the annual salary.
• Divide the annual salary by 52 (weeks) to obtain the weekly salary.
• Divide the weekly salary by the number of regular work hours up to the legal maximum hours per week (40) to obtain the regular hourly rate.

Step 7: Pay the Employee Any Overtime Wages Due

California law requires that overtime wages be paid no later than the regularly scheduled payday of the payroll period following that in which overtime was earned. While the law permits the delay of overtime pay by one payroll cycle, any straight time hours worked must be paid on the regular payday of the payroll period in which they were earned. 

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Hr tips from industry experts., payroll & taxes, an employer’s guide to calculating overtime & travel time.

Employers must pay employees for all the time worked in a workday. “Workday,” in general, means all the hours between the time an employee begins work and ends work on a particular day. Sometimes, the workday extends beyond a worker’s scheduled shift or normal hours. When this happens, the employer is responsible for paying the employee for that extra time. The following are examples of worktime outside an employee’s normal shift:

• Waiting for repairs to equipment necessary for work
• Time spent before a shift, preparing for the job
• Time spent after the shift, completing unfinished work
• Waiting for materials to arrive during the workday
• Time spent traveling between worksites during the workday

Commuting and Travel Time

Depending on the nature of the travel, the nature of the employee’s work and the connection between the two, an employee’s drive and travel time may need to be included in the total hours worked for the week for the purposes of calculating overtime. According to federal guidelines, employees are “working” in the following travel scenarios:

• Travel time from office to first worksite of the day if a stop at the main office or jobsite is required before starting work for the day
• Travel time minus the normal commute (example: if an employee’s normal commute is 20 minutes and the worksite is an hour away, 40 minutes of the travel time is compensable work time)
• Any travel during a non-exempt employee's normal working hours (regardless of the day of the week)
• Any travel time spent driving (other than the normal commute), the driver is always working (regardless of the time of day or day of week)

To help with the expense of overtime, some employers choose to pay drive/travel time at a lower rate than the employee’s regular pay rate. When using two different pay rates in a week in which an employee worked overtime, the regular rate is a “blended rate” or “weighted average” of the two rates.

Other Types of Compensable Worktime

Training . When it comes to mandatory training or meetings, employers have to pay non-exempt employees all hours they spend attending any type of required programs.

Wait-time. Depending on the industry, some employees have to wait to receive their jobs for the day, wait in a security line, or wait at their place of employment to punch a time clock. Employers should pay employees for their wait time if the employer requires the activity; the activity is necessary for the employee to perform his or her duties; and the activity primarily benefits the employer.

Outside or After-Hours Work. Many employers who expect or require their employees to check email or take calls outside of the office may not realize that they have to pay their employees for that time. Make sure your employees track this type of time with a log so you can pay them appropriately. If you choose to forbid outside or after-hours work, make sure to have a clear policy stating that. Either way, you must pay the employee, but you may also then be able to discipline him or her for violating the policy.

Employers must use caution when evaluating whether they comply with overtime requirements. Many states have laws that don’t always mirror the Fair Labor Standards Act (FLSA) overtime rules . Employers must be certain they comply with the FLSA and state-law requirements in every state where they have employees and calculate overtime appropriately based on those laws.

If you have specific questions on calculating employee pay and overtime or are interested in ways that FrankCrum can help you with HR and wage and hour issues you’re currently facing, please contact us . We’re here for you! 

ABOUT THE AUTHOR

Christine batten, phr.

Christine has over 20 years of HR related experience with a background in labor and employment law.

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Travel Time

Time spent traveling during normal work hours is considered compensable work time. Time spent in home-to-work travel by an employee in an employer-provided vehicle, or in activities performed by an employee that are incidental to the use of the vehicle for commuting, generally is not "hours worked" and, therefore, does not have to be paid. This provision applies only if the travel is within the normal commuting area for the employer's business and the use of the vehicle is subject to an agreement between the employer and the employee or the employee's representative.

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Handy Reference Guide to the Fair Labor Standards Act - Answers many questions about the FLSA and gives information about certain occupations that are exempt from the Act.

Coverage Under the Fair Labor Standards Act (FLSA) Fact Sheet - General information about who is covered by the FLSA.

Wage and Hour Division: District Office Locations - Addresses and phone numbers for Department of Labor district Wage and Hour Division offices.

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California overpaid as much as $55B in unemployment claims. Will it ever get the money back?

The state’s unemployment agency potentially overpaid an estimated $55 billion in recent years to people who may not have been eligible for jobless benefits, a California state audit has found.

It is likely most of that money will never be recovered.

The state audit painted a bleak picture of how an often chaotic California Employment Development Department has dealt with the overpayments. Most of the money came from the federal treasury.

Some of the overpayments were the result of massive fraud during the COVID pandemic in 2020 and 2021, mostly in the federally funded Pandemic Unemployment Assistance (PUA) program — an amount estimated at about $20 billion. So far, the state has recovered only about $6 billion.

But the overpayment total also includes billions more that was paid to people who should not have been receiving the money, the audit said. And most people will not have to repay the excess amounts they received.

EDD has sought permission from the Labor Department to allow people to waive the requirement that the excess benefits be repaid. In some cases that waiver was granted. Monica Vereen, a U.S. Labor Department spokeswoman said the agency is reviewing a waiver request made in February.

“Individuals are responsible for paying back the federal government for overpayments, and California considers those potential debts a liability,” said.

The Labor Department since last year has been headed by Julie Su, who was in charge of the California agency that included EDD until 2021. Su is acting secretary, unable to get confirmed by the U.S. Senate as secretary partly because of questions about how the stateLabor and Workforce Development Agency managed EDD under her leadership.

Get the money out quickly

The PUA program served people who traditionally would not qualify for unemployment benefits, such as independent contractors and self-employed people. With unemployment soaring in the spring of 2020 as the pandemic sent the economy reeling, the mandate from Washington was to get benefits out quickly.

EDD managed the California program, and at first often disregarded the usual safeguards that screened potential beneficiaries.

Loree Levy, EDD spokeswoman, said PUA helped support workers who typically don’t qualify for benefits.

“Individuals generally relied on these payments for their livelihoods, made purchases, and entered into financial commitments based on these payments,” she said.

She explained that federal guidance on the PUA program evolved quickly in 2020.

For example, the requirements for proof of self-employment didn’t come until later in the program, after many had already collected benefits.

“In alignment with the Department of Labor guidance to states, collecting repayment of these benefits would undermine many individuals’ financial stability and the purposes for which the benefits were paid,” Levy said. “While we went back and were able to collect such proof from some claimants, others did not provide what was needed.”

In many cases, Levy said, people were already re-employed and they “considered this something they no longer needed to worry about and did not follow up.”

“We would not consider these cases fraud, just a situation where they didn’t provide the eligibility proof and any associated overpayment was likely not their fault,” she said.

Chaos at EDD

It’s not altogether clear if the $55 billion figure is accurate. While the estimate came from EDD, the audit says, the agency “was unable to provide sufficient information substantiating this additional estimate.”

Though the audit sought to learn just how much EDD overpaid, getting a reliable estimate became a struggle.

The audit said EDD “did not properly estimate the total population of ineligible unemployment insurance benefits paid using pandemic program funding from the federal government.”

As a result, the audit said, the agency “was unable to provide accurate and complete financial information for fiscal year 2021–22 for the federally funded portion of its unemployment insurance program.”

In June, 2022, EDD did offer an estimate of ineligible payments — a sum of $26 billion. But, the audit found, “errors in its process have resulted in this estimate being unreliable.”

The estimate, it said, relied on i ncomplete information because “EDD’s methodology for developing the estimate inappropriately excluded certain payments that it confirmed to be ineligible.”

The estimate also did not include what the audit called “a sizable population of payments to claimants who did not provide the required documentation substantiating their self-employment or employment, or their earnings.”

EDD then revised its estimate to $55 billion, a figure applicable if one includes every claim in which some eligibility question remains. In many cases, the individuals may have been eligible for the benefits they received but EDD wasn’t able to collect the proof that later became required.

The audit recommended that EDD change how it estimates ineligible payments, including “multiple levels of review” and “provide guidance and training to both program and accounting staff” on what’s required to be reported.

EDD responded that it agreed with the more detailed review system. But it said that the auditor had sought a change in how it addressed ineligible payments.

The auditor’s office countered that EDD’s response was not adequate. EDD indicated it is still actively working investigations with federal, state and local partners on suspected fraud related claims.

But for non-fraud related claims, the department is awaiting word from the U.S. Department of Labor to consider older non-fraud pandemic workload resolved to focus resources on current claims and help remove the older non-fraud overpayment liability from the books.

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One of the Green Jackets Arnold Palmer was awarded for winning the Masters was among the items stolen from Augusta National Golf Club over a 13-year span, according to a report.

The 30 best Walmart deals to shop this weekend — save up to 80% on outdoor gear, gardening supplies, tech and more

Some major deals on board: a Mother's Day-ready digital picture frame for $30 off, a cordless 6-in-1 stick vac for just $90, and a Chromebook laptop for under $150.

This sale is money: An identity-protecting travel wallet for $10 — could 53,000+ shoppers be wrong?

'No unexpected coin avalanche': The slim, secure bifold easily keeps all your essentials organized, fans say.

Trump's hush money trial, as seen through courtroom sketches

Since it’s not being televised — and news photographers are only permitted in for 45 seconds at the start of each day — the only other images from inside the courtroom are portraits being done by sketch artists.

I'm a home product tester — and I did a double-take when I saw these chic patio chairs on sale for $37 each

Outdoor furniture can be ridiculously expensive, but this 'sturdy and beautiful' rattan set won't break the bank.

NCAA approves helmet communication, sideline tablets, two-minute warning for FBS

The NCAA approved the use of helmet communiation devices and sideline tablets for college football next season. Additionally, a two-minute warning will be incorporated into gameplay.

I bond vs. high-yield savings account: Which is better for beating inflation?

Choosing a savings account that keeps up with inflation is key to protecting the value of your dollars. So which is better: A high-yield savings account or I bond?

Lotus Eletre will land at U.S. dealers starting at $107,000

Lotus has priced its battery-electric Eletre SUV at $107,000 before destination and options for the U.S. market, the Eletre R starting at $145,000.

Trump's hush money trial jury is set. Here's why we won't learn much about them.

The jury that will decide whether Donald Trump is guilty of 34 felony counts of falsifying business records is made up of seven men and five women who live in Manhattan.

Harvard's startup whisperer, Peter Gladstone, reveals secrets to validating consumer demand at TechCrunch Early Stage

Validating consumer demand is a crucial step for any startup, and TechCrunch Early Stage is offering a golden opportunity to learn how to do it right. Peter Gladstone, senior adviser for startups at Harvard Innovation Labs, is set to lead an engaging roundtable titled "Validating Consumer Demand: How to Make the Most of Your Expertise." With decades of experience as an entrepreneur, marketer, and investor, Gladstone brings a wealth of knowledge to the table.

We found Apple AirTags on sale — get four for just $20 each

Track down lost items quickly with the sleek little locators, up for grabs at a rare discount.