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General information, not legal or tax advice.

Review the daily and weekly thresholds

Under DIR’s general rule for covered nonexempt employees, overtime applies after eight hours in a workday or 40 hours in a workweek. Time-and-a-half applies beyond eight through 12 daily hours and to the first eight hours on the seventh consecutive workday in a workweek. Review applicability and exceptions before configuring a payroll rule.

Identify hours that reach double time

DIR states that work beyond 12 hours in a day and beyond eight on the seventh consecutive workday in a workweek is paid at twice the regular rate. Preserve daily time entries so the payroll reviewer can see where hours fall instead of trying to reconstruct the schedule from a weekly total.

Build the regular rate from the pay record

The regular rate can include hourly earnings, salary, piecework and commissions. For workers paid at multiple rates, DIR describes a weighted average using total weekly earnings divided by hours worked. Give payroll the complete earnings detail and have unusual arrangements reviewed before approving the run.

Do not confuse salary with exemption

A salaried employee is owed overtime unless the applicable exemption requirements are met. California also requires payment of overtime whether authorized or not. Keep classification questions with counsel and pay-record questions with payroll; an approval dispute does not eliminate the time worked.

Use the determination for public works overtime

DIR’s prevailing wage FAQ directs readers to the specific wage determination for overtime requirements. Keep that determination with the job’s time records and confirm the required rates before certified reporting. Avoid applying a general payroll setting to every public works classification without review.

Sources: overtime and regular rates

Make detailed time records usable for payroll

Tidwell helps organize hours and payroll inputs, with exemption and legal interpretation questions directed to your advisers.

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