Labor Laws and Continuous Hours of Operation

California wage and hour law requires employers to pay overtime when nonexempt employees work over a certain amount of hours in the workday or workweek. California labor laws also require employers to provide meal and rest breaks over the course of the workday.

Under California labor laws, non-exempt employees shall not work

more than eight (8) hours in any workday or
more than 40 hours in any workweek

unless they are compensated with overtime pay.¹

Some employers may utilize an "alternative workweek schedule." However, employees on a regularly scheduled alternative workweek shall not work longer than ten (10) hours in a day within a 40-hour workweek without the payment of overtime.²

In addition, rest breaks are required for non-exempt employees who work three and a half (3 ½) or more hours in a day. Employees are entitled to ten (10) minutes of rest period for each four (4) hours, or a substantial fraction thereof, that they work in a day.³

Group of office workers seated around a table

California employment law requires employers to pay overtime when employees work over a certain amount of hours in the workday or workweek.

Below, our California wage and hour lawyers discuss the following frequently asked questions about workday and workweek rules and laws for California employees:

If you have further questions after reading this article, we invite you to contact us at Shouse Law Group.

1. What are the workday and workweek requirements under California labor law?

The California Labor Code provides for meal breaks and rest breaks during the workday and limits on hours worked during the workday and workweek without overtime.

During the workday, non-exempt employees are entitled to rest periods and meal breaks. Rest breaks must be

at least ten (10) minutes
for each four (4) hours of work.

Rest breaks must be counted as time worked and paid by the employer.⁴

Employees who work more than five (5) hours in a day are also entitled to a thirty (30) minute meal break. However, an employee may agree to waive that meal break if the employee does not work more than six (6) hours in the day.⁵

Employees are limited in the number of maximum hours they can work in a workday and workweek. If employees work over the maximum number of hours in a workday or workweek, they must be compensated at overtime rates by the employer.⁶

2. How long is a workday and workweek under California labor law?

Under California labor law, a "workday" or "day" means "any consecutive 24-hour period beginning at the same time each calendar day."⁷

A "workweek" or "week" means any seven (7) consecutive days, starting with the same calendar day each week. A workweek is considered a fixed and regularly recurring period of 168 hours, or seven (7) consecutive 24-hour periods.⁸See our article on how many days in a row you can work without a day off.

3. What is an "alternative workweek schedule"?

Some employers use an "alternative workweek schedule." An alternative workweek schedule may allow employees to work more than eight (8) hours in a day but not more than ten (10) hours in a day without overtime.⁹

Employees working over their alternative workweek scheduled hours or over 40 hours per week are compensated at not less than one and one-half (1 ½) times the regular rate of pay. Any work in excess of 12 hours per day is compensated at not less than double the employee's regular rate of pay.¹⁰

4. Which California employees are entitled to overtime and rest breaks?

Clock that reads "Overtime"

Non-exempt employees are entitled to overtime, rest breaks, and meal breaks under California labor laws. This includes "persons employed in professional, technical, clerical, mechanical, and similar occupations whether paid on a time, piece rate, commission, or other basis."¹¹

Exempt employees, unionized employees in certain industries, and independent contractors may not be covered by the same California labor hour/wage laws.

Exempt Employees

Some employees who are exempt from the standard lunch break and overtime laws include persons employed in administrative, managerial, executive, or professional capacities.¹²

In order to be considered an exempt employee in California, employees must meet the following requirements:

Spend more than one-half of their work time performing intellectual, managerial or creative work;
Customarily and regularly exercise discretion and independent judgment in performing those job duties; and
Earn a monthly salary equivalent to at least twice the California minimum wage for full-time employment.¹³

Independent Contractors and Unionized Employees

In addition, California laws on breaks and overtime generally do not apply to workers who qualify as independent contractors.

Additionally, overtime and break requirements may not apply to unionized workers in certain industries with a collective bargaining agreement. In California, these industries may include:

Motion picture industry
Broadcasting industry
Wholesale baking industry
Commercial drivers
Construction occupations
Security officers
Public utility companies¹⁴

5. How many breaks am I supposed to get during work?

Meal Breaks

Under the California Labor Code, employees who work more than five (5) hours in a day are entitled to a thirty (30) minute meal break. Employees who are working more than ten (10) hours in a day must also be given a second thirty (30) minute meal break.¹⁵

However, an employee may agree to waive that meal break if she or he will not work more than six (6) hours in the day. Additionally, an employee may waive this second meal break if he or she is not working longer than 12 hours, and the employee did not waive the first meal break.

Alarm clock with post-it note that reads "Break Time"

Rest Breaks

Required rest breaks must be at least ten (10) minutes for each four (4) hours of work, or substantial fraction thereof. Rest breaks must be counted as time worked and must be paid time. When practicable, breaks must also be in the middle of the employee's work period.¹⁶

6. What happens if I work over the maximum workday or workweek in California?

There is generally no cap on the number of hours an employee can legally work in a day. But under California labor laws, non-exempt employees are entitled to overtime pay if they work:

More than eight (8) hours in a single workday;
More than forty (40) hours in a single workweek; or
More than six (6) days in a single workweek.¹⁷

Overtime is paid at one and one-half (1 ½) times the regular rate of pay for an employee. However, Any work in excess of 12 hours in one day is compensated at no less than two (2) times the regular rate of pay for an employee. Any work in excess of eight (8) hours on any seventh day of a workweek is compensated at twice the regular rate.¹⁸

Example: Simon is working at a graphic design company and is paid an hourly rate of $20 per hour. Simon is a non-exempt employee and generally works 5 days a week, 8 hours a day.

Simon's employer asks Simon to come in on the weekend for additional hours to work on a big project for an important client. Simon ends up working for 14 hours on Saturday and 10 hours on Sunday.

In addition to Simon's regular 40-hour workweek salary, Simon will be paid overtime at time and a half for the first 12 hours he worked on Saturday and double time for the 13th and 14th hours of Saturday. Simon will also be paid overtime at time and a half for the first 8 hours he worked on Sunday and double time for the 9th and 10th hours of Sunday.

7. What happens if my employer makes me work extra hours without overtime?

In general, your employer cannot schedule you to work more than eight (8) hours in a single workday or more than forty (40) hours in a single workweek without overtime. When an employer makes the employee work more than the maximum number of hours without paying overtime, the employer may be breaking California labor laws.

8. Can I sue my employer for violating California workday or workweek labor laws?

California employees may file a wage and hour lawsuit against employers for denying rest breaks or failure to pay overtime as required under California labor laws. Successful wage and hour class action lawsuits often involve failure to provide meal breaks, rest periods, or failure to pay overtime.

Employers who do not allow employees to take rest breaks or meal breaks will owe the employees one hour's pay for each break the employee was denied.¹⁹

A successful claim against an employer for unpaid overtime can include unpaid overtime compensation, interest, and attorney's fees and court costs.²⁰

Call us for help…

For questions about California workers' overtime or rest break violations or to discuss your case confidentially with one of our California labor and employment attorneys, do not hesitate to contact us at Shouse Law Group.

We have local employment law offices in and around Los Angeles, San Diego, Orange County, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities.

Legal References:

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Source: https://www.shouselaw.com/ca/labor/wage-and-hour/work-day-and-work-week/