Make Up Time in California: Rules, Overtime Exceptions, and Employee Rights

Make-up time in California lets non-exempt employees offset missed hours without losing pay under defined legal rules. This guide covers overtime exceptions, employee rights, and employer duties for make-up time requests under state labor laws.

By Douglas Wade, Attorney

Email | Call (800) 484-4610

Have a quick question? We answered nearly 2000 FAQs.

Table of Contents

1. Introduction

2. How can I obtain make-up time?

3. Does that go toward calculating my overtime?

4. Can employees who are exempt avail make-up time?

5. What distinguishes this from comp time?

Introduction

Make-up time is extra time spent in the workplace to compensate for a brief absence earlier in the week for non-exempt workers in California. A request in writing for make-up time is required.

Generally speaking, makeup time is not included as your extra hours. Make-up time cannot be encouraged by your company.

For the purpose of picking up her kid from school on Tuesday, for example, Loretta departs work an hour early. Her job schedule is 8 am to 5 pm (Friday). Loretta requests that her supervisor allow her to work until 6 pm. This is to make up for the time she lost on Tuesday. The boss grants her request.

Make-up time has multiple uses. It

Allows employees some schedule flexibility without requiring them to forfeit hours or pay,
Guarantees that all job-related tasks are completed within a given week, and
Assists employees in responding to unforeseen circumstances and other unanticipated situations without depending on other types of paid time off (PTO), such as vacation or sick leave.

The California Labor Code 513 specifically permits make-up time. However, before granting you make-up time, certain companies need prior notice.

How can I obtain make-up time?

You must submit a written request for make-up time in California. That document has to be approved. Every time you need make-up time, you must submit a fresh written request.

Most importantly, you must ask for make-up time. Using the make-up time to make up for time missed at work is not something your employer should promote.

It is up to you to decide whether or not to ask for make-up time. This is done to stop employers from forcing their employees to do the extra labor.

Does that go toward calculating my overtime?

If specific guidelines are met, working make-up time is not taken into account for calculating overtime.

As a non-exempt worker, you have a right to overtime compensation under the Fair Labor Standards Act (FLSA) and California employment law if you work more than:

Eight hours in a workday,
Forty hours in a week, or
Six days in a week.

You will be paid 1.5 times your regular rate of pay for any hours over these limits.

Usually, your make-up time at work only makes up for the hours you missed; it doesn’t add any more work to your overtime total. There are certain exceptions, though.

Exceptions

You are eligible for overtime compensation for the make-up time if one or more of the circumstances that follow occur:

You work over forty hours a week because of the make-up time, or
It makes you work more than eleven hours a day, or
A separate workweek is used for the make-up period.

You have the right to overtime compensation for the total number of hours you work during make-up time if any of the above scenarios apply.

To pick up her kid from school on Tuesday, for example, Loretta had to skip an hour of work. Loretta will work a full hour of make-up time on Thursday of next week, as agreed upon by her and her supervisor. Loretta works 40 hours every week. According to this agreement, she would work thirty-nine hours during the initial week and forty-one hours during the second week. In the second week, Loretta would be eligible for overtime compensation for her one hour of make-up time.

Additionally, your employer can be responsible for overtime compensation if they are unable to demonstrate that the hours you worked were make-up time.

In this case, Loretta and her supervisor verbally agree that she will work overtime the next day in order to fulfill a personal commitment. In an effort to make up the missed time, Loretta ends up working seven hours one day and nine hours the following. Since there is no form of request demonstrating that the agreement was compensatory time, Loretta’s employer might be responsible for one hour of overtime compensation.

You may sue your employer under California’s wage and hour legislation if they are not meeting their overtime obligations.

Can employees who are exempt avail make-up time?

No. Only non-exempt workers are permitted to use make-up time.

Many of the legal safeguards provided by California’s labor laws are not applicable to exempt employees. It includes minimum salary, overtime compensation, and breaks for meals and rest.

On every workday that they carry out their duties, exempt employees receive payment for an entire day.

What distinguishes this from comp time?

In California, comp time and makeup time are not the same thing.

Make-up time allows you to make up for a previous absence by working an equivalent amount of time. Usually, you get paid for the make-up time at your usual rate.

Comp time allows you to put in more hours during one workweek in return for an extra week off. According to California law, you can only get it if you put in forty hours or more during a workweek. Your overtime rate must be applied to the time off you earn.

As an illustration, Loretta consents to work four more hours on Saturday. She receives six hours of paid time off from work in return (4 hours times 1.5).

Another way that comp time differs from make-up time is that it needs to be approved by your formal employment contract. Comp time isn’t accessible to you if it is not specified in your employment contract.

Similar to make-up time, you must, however, submit a written request to be compensated in comp time as opposed to overtime.

Have a quick question? We answered nearly 2000 FAQs.

See all blogs: Business | Corporate | Employment

Most recent blogs:

Bulletproof Documentation for Employee Records: Reduce Legal Risk and Stay Compliant

Keep employee documentation compliant and consistent to reduce legal risk and protect HR, managers, and staff. Use clear records, performance reviews, and PIPs to support decisions, track progress, and maintain workplace accountability.

Workplace Coaching: Benefits, Styles, and Methods to Improve Performance

Workplace coaching boosts employee performance, strengthens leadership, and encourages a culture of continuous growth within organizations. It refines communication, teamwork, and motivation while improving organizational effectiveness and satisfaction.

Essential Job Functions and the ADA: Insights from the Tenth Circuit Decision

ADA case from the Tenth Circuit upholds employer-defined job duties when safety and security risks are significant. It clarifies accommodation limits and supports consistent qualification standards without lowering business requirements.

California Pay Transparency Law SB 1162: Employer Rules, Compliance, and Penalties

California’s Pay Transparency Law SB 1162 requires employers to disclose pay ranges, maintain records, and submit annual wage reports. Non-compliance can result in financial penalties, lawsuits, and reputational damage for businesses across California.

Is Holiday Pay Double Time? Rules, Calculations, and Eligibility

Holiday pay rules, double time vs time-and-a-half, eligibility, and calculations, including Massachusetts and Rhode Island requirements. Guidance for employers and HR on policies, paid holidays, overtime, hourly and salaried staff, and payroll timing.

How to Apply for Temporary Disability in California: Eligibility, Payments, and Filing Steps

California employees may qualify for temporary disability payments through SDI when a certified medical condition stops them from working. Check eligibility, typical benefit amounts for 2025, and filing steps with the EDD to submit a timely, complete claim.

How Much Does Disability Pay for Obesity? ADA Recognition, Legal Cases, and Employer Implications

Obesity as a disability: ADA recognition, benefit eligibility, and real legal outcomes. Guidance for employers on policies, accommodations, and risk.

California Right to Work: State Status and Union Rules

California lacks a right-to-work law, so private employers may require union membership or dues as hiring conditions. See California’s rules, failed initiatives, and how they differ from right-to-work states.

Paid Parental Leave California: 2025 Updates, Employer Rules, and Employee Benefits

California’s 2025 Paid Parental Leave updates increase wage replacement and flexibility for workers bonding with a child or caring for family. Employers gain clarity on obligations, benefit coordination, and compliance under the revised Paid Family Leave and Disability Insurance programs.

CA Sick Pay Law 2025: Employer Requirements & Employee Rights

California’s 2025 sick leave law mandates at least 40 hours or five days of paid leave for eligible employees. Get clear rules on accrual, usage, carryover, anti-retaliation protections, and notice requirements for employers statewide.

California Rest Break Law 2025: Worker Rights, Violations, and Penalties

California Rest Break Law 2025 protects workers’ rights to duty-free meal and rest periods across all industries. Employers face penalties, premium pay, and legal actions for break violations under California Labor Codes 512 and 226.7.

CA Bereavement Leave 2025: AB 1949 Rules, Paid vs Unpaid Time, and Employer Compliance

California AB 1949 requires employers to provide up to five days of bereavement leave for eligible employees in 2025. It covers eligibility, paid versus unpaid time, documentation rules, employer obligations, and compliance risks for California businesses.

Pre-Employment Drug Test California: Laws, Requirements, and Employer Guidelines

California employers can require pre-employment drug testing under strict regulations, with exceptions for safety-sensitive roles and federal compliance. Workers have rights regarding confidentiality, fairness, and contesting results, and businesses must update policies for California’s new marijuana laws.

Does California Drug Test for Weed? AB 2188 Employment Rules

California AB 2188 limits employer drug testing for non-psychoactive marijuana use and permits impairment and active THC testing. Beginning January 2024, most employees gain workplace protections, though safety-sensitive and federally regulated positions remain exempt.

Make Up Time in California: Rules, Overtime Exceptions, and Employee Rights

California Tipped Minimum Wage: 2025 Rates, Laws, and Employee Rights

California servers must receive the full state minimum wage of $16.50 per hour in 2025, plus any earned tips. Employers cannot take tips, pay below the minimum wage, or violate California Labor Code protections for tipped workers.

Regular Rate of Pay in California: Overtime, Meal and Rest Break Premiums, and Employer Compliance

California employers must calculate overtime, meal, and rest break premiums using the regular rate of pay, including bonuses and incentives. Miscalculating regular rates can result in lawsuits, penalties, and compliance risks, making accurate payroll practices vital for businesses across the state.

Overtime Tax Rate California: Overtime Pay and Taxes in 2025

Overtime pay in California is taxed like regular income, with brackets based on total annual earnings. For 2025–2028, a temporary deduction lets workers write off up to $12,500 ($25,000 joint) of qualifying overtime.

California Labor Code 5814: Penalties for Delayed or Unreasonable Workers’ Compensation Payments

California Labor Code 5814 outlines penalties for delayed workers’ compensation, protecting injured employees from financial hardship caused by late payments. Workers may claim up to 25 percent penalties for unreasonable delays, ensuring timely disability benefits, medical coverage, and settlement reimbursements.

California Labor Code 202: Final Paycheck Rules When Employees Quit

California Labor Code 202 requires employers to pay final wages on time when employees resign, with timing based on notice given. Workers may also claim unused vacation pay, request retirement fund deposits, or seek penalties for delayed payments.

California Labor Code 1174: Employer Timekeeping and Recordkeeping Requirements

California Labor Code 1174 outlines employer timekeeping and recordkeeping duties, allowing electronic or paper systems when records are indelible. Keep records in California, preserve them at least three years, and provide accessible copies to workers and authorities.

Labor Code 1194 California: Overtime and Minimum Wage Rights, and Remedies

California Labor Code 1194 protects workers seeking unpaid minimum wage and overtime, providing legal remedies, interest, and reasonable attorney’s fees. Employees can file lawsuits or arbitration claims to recover wages, enforce rights, and safeguard against unlawful employer practices in California.

California Labor Code Section 2810.3: Employer Liability for Labor Contractor Violations

California Labor Code Section 2810.3 makes client employers liable for labor contractor wage violations and missing workers’ compensation coverage. Reduce risk through careful vetting, clear contracts, payroll monitoring, and tight compliance with statutory duties and narrow exemptions.

California Labor Code 201: Final Paycheck Rules, Employee Rights, and Employer Obligations

California Labor Code 201 requires immediate final paychecks at discharge, covering unpaid wages, unused vacation, and earned bonuses. Employees may seek penalties and file claims if payment is delayed or withheld.

Labor Code 510: California Overtime Pay, Exceptions, and Calculations

California Labor Code 510 outlines overtime pay rules, exemptions, and calculation methods, protecting employees from unfair wage practices and misclassification. This guide explains daily and weekly overtime, special worker protections, and the legal steps available if overtime pay is denied.

Meal Premium California: Laws, Penalties, and Employer Compliance

California meal premium rules require employers to provide compliant breaks or face fines, lawsuits, and costly penalties. Use clear policies, precise tracking, and regular reviews to maintain compliance and avoid financial or reputational harm.

Employee Record Retention by State: Guide for Employers

State-by-state employee record retention guide covering payroll, unemployment insurance, workers’ compensation, child labor, discrimination, and access. Get clear timelines and required details for Alabama to Wyoming so employers meet audits, claims, and compliance duties.

How Much Notice Does an Employer Have to Give for a Schedule Change in California?

California employers must follow state and local rules on schedule changes, including notice periods, overtime, and reporting time pay. This guide explains meal breaks, overtime, predictable scheduling, local city ordinances, and penalties for violating California labor laws.

Employment Mediation: Process, Benefits, Preparation, and What to Expect

Employment mediation offers a faster, cost-effective alternative to litigation for resolving workplace disputes. Get the process, benefits, preparation steps, what to expect, possible outcomes, and mediator roles.

What Is Fair Chance Hiring? Meaning, Benefits, and How It Works for Employers

Fair chance hiring gives candidates with criminal records fair consideration, helping employers access loyal, diverse, and skilled talent. It strengthens compliance, lowers turnover, and helps build high performance teams without compromising workplace safety.

See all blogs: Business | Corporate | Employment

149

Make Up Time in California: Rules, Overtime Exceptions, and Employee Rights

Introduction

How can I obtain make-up time?

Does that go toward calculating my overtime?

Can employees who are exempt avail make-up time?

What distinguishes this from comp time?

Free Consultation