The component is not available at this moment. Please contact the site administrator.
The IWC Wage Orders for specific industries contain some exceptions to the general rules for calculating overtime and premium pay. Some Wage Orders also limit the number of hours that can be worked in a week. For more information, see Requiring Mandatory Overtime.
This page contains the following information:
Under the Domestic Worker Bill of Rights, a “domestic work employee who is a personal attendant” is eligible for overtime at one and one-half times the employee’s regular rate of pay if the employee works more than nine hours in any workday or more than 45 hours in the workweek.1 This rule differs from California’s normal overtime rule which requires nonexempt employees to be paid overtime for work in excess of eight hours in a workday or 40 hours in a workweek. For more information, see Requirements for Domestic Service.
The overtime provision applies only if worker qualifies as both a “domestic work employee” and a “personal attendant.”
California provides a state overtime exemption for teachers at private elementary or secondary academic institutions. The employee must meet all of the following requirements:
Rather than the regular exempt salary requirement of twice the state minimum wage, private school teachers must instead meet a minimum earnings test that looks at the comparable salaries offered to credentialed public school teachers in the school district or county.2
To qualify as exempt under this minimum earnings standard, a full-time employee must earn the greater of either:
A part-time employee must earn the proportional amount of the salary required for a full-time employee.
Private schools need to obtain public school salary information to determine the minimum salary threshold. When budgeting for a future school year, schools may determine the salary requirements by looking at school salary schedules in effect for up to 12 months before the start of the school year.
Hospitals and other institutions primarily engaged in the care of the sick, aged or mentally ill who reside on the premises can agree with employees to create a work period of 14 consecutive days instead of a seven-day workweek. If they reach an agreement, employees are entitled to time and one-half their regular rate for all work beyond 80 hours in the 14-day work period.3 Employers are still subject to the overtime requirements for work in excess of eight hours in one day (time and one-half) or 12 hours in one day (double time).4
Employees of licensed hospitals are subject to daily overtime. However, these employees can vote to implement an alternative workweek that allows up to 12 hours of work per day without daily overtime pay. Alternative workweeks for all other industries allow no more than 10 hours of work per day without daily overtime pay. For more information see “Alternative Workweek Schedules and Health Care” in Exceptions to the Alternative Workweek.
On-site mining is subject to daily overtime under Wage Order 16. Exceptions and hours limitations are contained in California Labor Code sections 750-752.5.
Employees working in agriculture under Wage Order 14 have been subject to special overtime rules over the past several years.5
All covered agricultural employers, regardless of size, have the same overtime pay requirements:
On the seventh consecutive day of work in a workweek, agricultural employees under Wage Order 14 are entitled to time and a half for the first eight hours, and double time after eight hours.
Most long-haul truck drivers are exempt from standard overtime requirements, as are taxicab drivers and certain airline employees.6 The FLSA provisions that cover hours and days of work do not apply to drivers of commercial vehicles that are regulated by the U.S. Department of Transportation (DOT).7 DOT regulations do not provide for overtime for covered drivers. However, they do limit allowable driving time.
Drivers of commercial motor vehicles that are not regulated by DOT, whether or not they engage in interstate commerce, can be covered by state law.8 However, state law also exempts drivers of the following vehicles from overtime that is otherwise mandated by state law:
The U.S. Supreme Court held that car dealership service advisors are exempt from the Fair Labor Standards Act (FLSA) overtime pay requirement under an exemption for any “salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles ...”10 The Supreme Court overruled the Ninth Circuit, which had held that the FLSA exemption didn’t include service advisors and that advisors were entitled to overtime pay.
This case didn’t involve California wage and hour laws — only federal laws. California courts and the state enforcement agency generally construe the California Labor Code in favor of workers.
Employees are exempted from statutory overtime requirements if they are covered by a collective bargaining agreement that:
The IWC created an overtime exemption for certain residential care employees.11 The exemption covers employees with direct responsibility for children receiving 24-hour residential care when those children are under 18 years of age; or not emancipated from the foster care system.
These residential care employees can be paid overtime as follows:
The employee cannot work more than 24 consecutive hours until the employee receives at least 8 consecutive hours off duty immediately following the 24 consecutive hours of work. Time spent sleeping is not considered hours worked.
There are also meal and rest break exemptions for these residential care employees. For more information, see “Meal and Rest Break Exceptions for Residential Care” in Exceptions for Specific Industries.
A ski establishment can institute a regularly scheduled workweek of not more than 48 hours during any month of the year when the establishment conducts Alpine or Nordic skiing activities, including snowmaking and grooming activities. Employees must be compensated at not less than 1.5 times the employee’s regular rate of pay for any hours worked in excess of 10 hours in a day or 48 hours in a workweek.
A “ski establishment” is an integrated, geographically limited recreational industry, which consists of basic skiing facilities and all related operations and facilities.12
Employees of commercial passenger fishing boats are exempt from overtime pay when they perform duties as licensed crewmembers. Other employees in the industry, such as clerical and maintenance personnel, are entitled to overtime pay.
For information on minimum wage and off duty period requirements for the commercial fishing industry, see “Requirements for Fishing Crews” in Wage and Hour Requirements for Specific Industries.
Auto mechanics paid a flat rate for each assigned job are not exempt from overtime pay because flat-rate pay is not a commission.13
To calculate overtime payments to flat rate mechanics, add all of the mechanic’s flat rate earnings and divide them by the total hours worked, even if that number is more than 40. The result is the mechanic’s hourly wage for that week. Divide the hourly wage in half to determine the overtime premium. The result is the mechanic’s time and one-half overtime pay.
Example: If a mechanic earns $1,000 for 48 hours of work under the flat rate system, they earn $20.84 per hour — $1,000 divided by 48 hours. Half of that is $10.42 per hour, which results in the time and one-half rate of $31.26. The mechanic earns a sum of $250.08 for eight hours of overtime. The total due to this employee is $1,250.08
For more information on overtime and piece-rate workers, see Overtime Calculation for Piece Rate Employees.
1. Lab. Code sec. 1454
2. Lab. Code sec. 515.8
3. IWC Wage Order 5 sec. 3
4. DLSE Enforcement Policies and Interpretations Manual, sec. 50.4.2
5. IWC Wage Order 14
6. IWC Wage Orders sec. 3
7. 29 U.S.C. 213(b)
8. DLSE Enforcement Policies and Interpretations Manual sec. 50.8
9. 13 CCR sec. 1200
10. Encino Motorcars, LLC v. Navarro, 138 S. CT. 1134 (2018)
11. IWC Wage Order 5-2002 sec. 3
12. IWC Wage Order 10
13. Keyes Motors, Inc. v. DLSE, 197 Cal. App. 3d 557 (1987)