Navigating Working Hours Regulations in California

California defines workdays and workweeks with strict rules on overtime, meal breaks, and rest periods for non-exempt workers. Learn about alternative schedules, exempt classifications, and legal rights to ensure proper compensation and compliance.

By Brad Nakase, Attorney

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Table of Contents

1. What are the California working hours?

2. According to California law, what are the working days and weeks?

3. What are the typical workday and weeklengths in California?

4. What does the term “alternative workweek schedule” mean?

5. What workers are eligible for rest breaks and overtime?

6. Workers Who Are Exempt

7. Unionized Workers and Independent Contractors

8. In a typical workday, how many breaks am I allowed to take?

9. If I work beyond the maximum amount, what will happen?

10. What happens if my company doesn’t pay overtime?

11. Is it possible for me to sue?

What are the California working hours?

When it comes to wage and hour legislation in California, a “workday” is defined as a 24-hour period that starts at the same time every calendar day. A “workweek” is a consecutive seven-day period that begins on the same day of the week.

As a non-exempt worker, you are not allowed to work more than eight hours on a single workday or forty hours in a single workweek without receiving overtime compensation.

No one working an alternative workweek schedule may put in more than 10 hours per day in a standard 40-hour workweek without being paid extra.

Plus, for every four hours (or significant portion thereof) that you put in at the office, you’re eligible for a 10-minute break.

According to California law, what are the working days and weeks?

The California Labor Code establishes minimum and maximum workday and weekly hours as well as breaks for meals and rest.

You have the right to breaks and meals as a non-exempt worker during the workday. A break for rest should be:

Ten (10) minutes minimum for every four (4) hours of labor.
Breaks for rest are considered work time and must be compensated accordingly by the employer.

Employees also have the right to a thirty-minute meal break if they work more than five (5) hours every day. On the other hand, you could agree not to take that meal break if you work no more than six (6) hours a day.

There is a cap on the total amount of hours you can put in each day and week. Your employer is required to pay you overtime wages if you work more than the maximum number of hours in a workday or workweek.

What are the typical workday and weeklengths in California?

A “workday” or “day” is defined as any continuous period of 24-hours starting at the same time every calendar day under California labor law.

Any seven (7) days that begin on the same calendar day every week is considered a “workweek” or “week” in this context. The term “workweek” refers to a predetermined and repetitive time frame of seven (7) 24-hour intervals, or 168 hours.

What does the term “alternative workweek schedule” mean?

A few companies have what they call a “alternative workweek schedule.” With a different kind of workweek, you might be able to work over eight hours per day, but less than ten hours per day (not including overtime).

Pay is at least one and a half times your regular rate of pay if you work more than 40 hours per week or more than your alternate workweek scheduled hours. For every hour worked above the standard 12-hour workday, you will receive at least double your normal wage.

What workers are eligible for rest breaks and overtime?

The law in California says that nonexempt workers have the right to overtime, breaks, and meal breaks. This includes individuals engaged in professional, technical, administrative, mechanical, and related activities regardless of whether they are compensated hourly, by the piece, through commission, or on some other basis.

Workers who are exempt from overtime pay, workers who are unionized in specific sectors, and independent contractors may all be subject to different wage and hour regulations in California.

Workers Who Are Exempt

The regular lunch break and overtime laws may not apply to certain employees, such as those who work in positions of authority, whether that be administrative, professional, or executive.

You need to fulfill these conditions to be classified as an exempt employee in California:

Devote more than 50% of your time to tasks that require thinking, managing, or creating
As part of the job description, consistently use your own discretion and judgment
Have a monthly income that is greater than or equal to two times the full-time California minimum wage

Unionized Workers and Independent Contractors

In addition, independent contractors are typically exempt from California’s rules governing breaks and overtime.

Furthermore, unionized employees in specific industries may be exempt from overtime and break restrictions according to a collective bargaining agreement. Some examples of such businesses in California are:

Film production business
The field of broadcasting
The wholesale baking business
Commercial drivers
Jobs in the construction industry
Security officers
Companies providing public utilities

In a typical workday, how many breaks am I allowed to take?

Breaks for meals

If your workday exceeds five (5) hours, you are required by law to take a thirty (30) minute lunch break, according to the California Labor Code. A second thirty-minute food break is required if you work more than ten (10) hours per day.

You could agree not to take that meal break, though, if you don’t work over six (6) hours a day. In addition, if you work no more than 12 hours and did not skip the first lunch break, you are eligible to skip this second one as well.

Breaks for rest

Workers are required to take ten (10) minute breaks for every four (4) hours of work, or a significant portion of that amount. Paid time off for rest periods is required by law. If it’s possible, breaks should also happen in the middle of your shift.

If I work beyond the maximum amount, what will happen?

In most places, you can lawfully work as many hours as you want in a day. You are eligible for overtime compensation as a non-exempt employee in California if you perform the following tasks:

Over 8 hours in a workday
Over 40 hours in a workweek
Over 6 days in a workweek

Pay for overtime is 1.5 times your normal rate of pay. But if you put in more than twelve hours in a single day, you’ll get at least double your normal wage. If you work more than eight hours on the 7th day of the workweek, you get paid twice your usual rate.

Example

Consider Cary, who earns $20/hour as a graphic designer for a local company. Cary often works five days a week for eight hours each day, and he is not considered an exempt employee.

In order to complete a large project for a key client, Cary’s company has asked him to put in extra hours on the weekends. On Saturday, Cary puts in 14 hours of work, and on Sunday, he puts in 10 more.

Cary will receive time and a half for the first twelve hours of Saturday labor and double time for the thirteenth and fourteenth hours of Saturday, in addition to his regular forty-hour workweek wage. For the first eight hours of Sunday work, Cary will receive time and a half, and for the ninth and tenth hours, he will receive double time.

What happens if my company doesn’t pay overtime?

It is generally not possible for your employer to schedule you to work beyond eight hours in a day or forty hours in a week without being paid overtime. Indeed, an employer may be in violation of California labor regulations if they force you to work more than the maximum amount of hours without paying overtime.

Is it possible for me to sue?

If your employer is in violation of California labor laws by not providing you with rest breaks or by not paying you overtime, you have the right to sue them for wage and hour violations. Claimants in wage and hour class actions frequently allege that their employers failed to compensate them for overtime, lunch breaks, or rest periods.

You have the right to an hour’s compensation for any break that your employer denied you, whether it was a food break or a rest break.

If an employer is found liable for unpaid overtime, a successful claim may result in unpaid overtime, attorney’s and court fees, and interest.

Have a quick question? We answered nearly 2000 FAQs.

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