When does overtime kick in, what about lunches and breaks?
Determining when an employee is eligible for overtime in California can be a complex process. However, once you know they are eligible for overtime pay, how do you calculate it, when does it kick in, what about lunches and breaks?
Here is a recap of the California overtime calculation, and rest/break rules:
OVERTIME CALCULATION GUIDE
- Overtime pay (1.5 x hourly rate) for more than 8 hours and less than 12 hours in 1 day
- Double time pay (2 x hourly rate) for more than 12 hours in 1 day
- Overtime pay (1.5 x hourly rate) for first 8 hours worked on 7th day of workweek (usually a Saturday)
- Double time pay (2 x hourly rate) for more than 8 hours worked on 7th day of workweek (usually a Saturday)
- Overtime pay (1.5 hourly rate) after 40 hours in 1 week
TIME OFF/BREAK GUIDE
- Must receive 1 day’s rest in 7 calendar days
- Must be permitted 10 minutes rest period (break) according to the following schedule:
0 – 3.5 hours of work in a day = no rest period
3.5 – 6 hours of work in a day = one 10 min. rest period
6 – 10 hours of work in a day = two 10 min. rest periods
10 – 14 hours of work in a day = three 10 min. rest periods
14 – 18 hours of work in a day = four 10 min. rest periods
18 – 22 hours of work in a day = five 10 min. rest periods
- Keep in mind, rest periods should be allowed as close to the middle of the work period as possible; also, as an employer you are only required to permit rest periods, you are not required to enforce the employee actually taking them; and it is suggested that rest periods are at least 15mins long, because the regulations state that the 10 mins must be complete rest time, and not time going to or returning from the break.
- Minimum of one :30 min meal period for every 5 hours worked; the meal period must also occur within the 5 hour period so
– if employee works noon – 5pm, must have meal period by 4:30pm
– if employee then works 5pm – 10pm, must have 2nd meal period by 9:30 etc.
– if the employee works no longer than 6 hours, a meal period may not be required
The preceding is provided for general informational purposes only, and not intended to constitute legal advice.