BURNING THE MIDNIGHT OIL

California employers must pay overtime to non-exempt employees for work in excess of eight hours per workday or 40 hours per workweek.

Companies should thus include a clear handbook policy describing such rules.

Policy Drafting Tips:

• Require non-exempt employees to work overtime as needed on a regular or occasional basis;
• Attempt, but do not promise, to provide advance notice of overtime scheduling whenever practicable;
• Attempt to offer overtime on an equal basis to affected workers;
• Require advance approval of anticipated overtime;
• Confirm all overtime hours must be promptly and accurately reported and will be paid; and
• Caution that unauthorized overtime may, however, lead to disciplinary action.

Take-Away:

Implement and regularly review a comprehensive, clearly written handbook to include an overtime policy.

We publish this series to educate employers on best practices for a well-written handbook that assists applicants, employees, and management alike. To purchase our 2023 template handbook – which contains the above policy and much more – and accompanying forms or for more information, please contact Office Manager Aimee Rosales at 626.583.6600 or email her at officemgr@tbowleslaw.com.

See also:

• Disorder Insurance – Workplace Policy Handbook & Forms for 2023 (March 2, 2023)
• California Minimum Wages Rates for 2023 (December 7, 2022)
• The Basics of Overtime – Five Rules in California (April 27, 2018)

Cindy Bamforth
March 9, 2023