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Overtime: California

Overtime requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Author: Anthony J. Oncidi, Proskauer Rose LLP

Updating Author: Michael Cardman, XpertHR Legal Editor


  • In California, employees must be paid overtime not only when they work more than 40 hours in a workweek, but also when they work more than eight hours in a workday or work a seventh consecutive day in a workweek. See Overview.
  • Arrangements in which nonexempt employees agree to be paid a fixed salary for all hours worked including overtime are prohibited. See Fixed Salary Agreements.
  • California law permits employers to allow nonexempt employees to work more than eight hours in a day at straight time rates if that time is considered "make-up time" for time an employee missed during the same workweek to attend to personal obligations. See Make-Up Time.
  • Overtime must be paid in accordance with California law where work is performed in California by out-of-state residents for California-based employers. See Non-Resident Employees.
  • Different overtime requirements apply to agricultural employees and personal attendants, among others. See Exceptions to the General Overtime Rules.