Most hourly employees who work more than 8 hours in a day, or 40 in a week are entitled under the law to “premium pay” for overtime worked, according to the Labor Code. So if you worked 9 hours today, and make $10 an hour, for example, then that ninth hour should be paid at $15 for the last hour. Hours worked over 12 have to be compensated at double time, generally speaking.
However, if you’re covered by a union agreement, then that agreement defines when overtime pay starts. That’s the outcome of a California Court of Appeals decision from the Second District recently. That’s true even if the agreement says “overtime” doesn’t start until hour number 12.
California Labor Code Section 514 states that certain sections of the Labor Code don’t apply if the employee in question was covered by a union agreement that provides premium wage rates for all “overtime” hours, and a regular hourly rate of not less than 30 percent more of the state minimum wage. But the decision in Vranish v. Exxon Mobile Corporation recently determined that the union agreement can also say when overtime begins.