How Do You Calculate Unpaid Overtime?

In California, the general overtime provisions for a nonexempt employee are:

  • 1.5x the employees regular rate of pay for all hours worked in excess of 8 hours and up to 12hrs in a work day.
  • 2.0x the employees regular rate of pay for all hours worked in excess of 12hrs in a workday.
  • 1.5x the employees regular rate of pay for the first 8hrs on the 7th consecutive day in a work week.
  • 2.0x the employees regular rate of pay for all hours worked in excess of 8hrs on the 7th consecutive day in a work week.
  • 1.5x the employees regular rate of pay for hours that exceed 40hrs in a work week

If you are paid a salary instead of on an hourly basis, you can determine your hourly rate by multiplying your monthly salary by 12, and then dividing by 52 weeks to get your weekly salary.  Then you divide your weekly salary by 40 to get your hourly rate.

Overtime wages must be paid before the next regular payroll period.

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