Overtime Wage Law: An Inside Look From An Employment Attorney


While most of us would like to work strictly for the enjoyment of what we do, the majority of the workforce is in it to make money. Perhaps you’re lucky enough to have found both. Either way, as a top employment attorney in the Los Angeles area, Hershey Law understands the importance of wage and hour law.

All too often, employees put in time without receiving what they should legally be compensated. Overtime wages, for instance, are a hugely misunderstood aspect of compensation. Here, we are taking a closer look at California’s overtime law.


California labor law explained.

There are several aspects to wage and hour law – from minimum wage to required meal periods, the details can sometimes seem overwhelming. That said, every worker should understand at least the basic protections in place. While we could spend endless hours providing each and every detail, here is a quick summary:


  • Starting on January 1, 2021, the minimum wage in California is $14 per hour for companies with 26 or more employees and$13 per hour for 25 or fewer employees. This is set to increase to $15 per hour by January 1, 2023 for all employers. However, some individual cities, such as Los Angeles, have adopted higher minimum wages.
  • California law requires all employers to provide a break period of no less than 30 minutes for all employees who work more than five consecutive hours. During this time, the employee should not be required to perform any duties associated with work or be forced to remain on the premises. Of course, there are more details here, be sure to check out CL Labor Code Section 512 for a more in-depth look.
  • Vacation time is a benefit that the employer can choose or choose not to grant. Sorry, we know this isn’t the best news.
  • However, California law does require most employees to provide sick leave to qualified employees.
  • Employers must provide and pay up to two hours of pay so that an employee may vote. The employee must provide a 3 day notice of their voting intent.


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Overtime wages

When you work more than a specified number of hours, overtime wages are often paid. However, the amount fluctuates depending on various factors, and not all employees are entitled to receive these wages. In California, most non-exempt employees have a legal right to receive overtime compensation. Below is a brief guideline:


  • TIME AND HALF: One and half times the employee’s regular hourly rate of pay.

This amount may be paid if an employee works more than 8 hours per day, 40 hours per week, or for the first 8 hours worked on the 7th consecutive day.


  • DOUBLE TIME: Twice the employee’s regular hourly rate of pay.

Double time is generally paid when an employee works an excess of 12 hours in a single day and for all hours past the 8th hour on the 7th consecutive day in a workweek.



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When it comes to wage and hour law, every employer and employee should understand the law. As the top employment attorney in the Los Angeles area, the Hershey Law team is here to help. Unpaid overtime wages fall into the largest category of complaints under California’s wage and hour law. Don’t let it happen to you!


For more information concerning California wage and hour law, contact an employment attorney who understands your rights. Please contact Hershey Law today by calling (310) 929-2190.




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