Seventh Day Overtime Pay, According to California Labor Laws
California Labor Laws dictate that, non-exempt employees are typically entitled to time and a half for hours worked over eight in a workday, and the first eight hours on the seventh consecutive day of work. Labor Code Section 510 also requires payment of twice the employee’s regular rate for work in excess of 12 hours in one day and “any work in excess of eight hours on any seventh day of a workweek.”
A common question that arises is, whether this provision requires employers to pay double time for hours worked on the seventh day of the workweek or the seventh consecutive day of work. The Industrial Welfare Commission’s draft interim-wage order states that employers are required to pay premium wages for the seventh consecutive day of work.
For example: if the employee works seven days in a work week (regardless of total hours worked), on the seventh day the employee will be paid 1.5 times their regular wage for hours 1-7. Starting on the 8th hour the employee will be paid twice their regular rate.
It’s important to also note that the seven consecutive days must fall within the same workweek. Thus, if an employee works four consecutive days (e.g., Thursday to Sunday) and then works the first three days of the following workweek (Monday to Wednesday), he or she would not be entitled to seventh-day premium pay for work performed on Wednesday.
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