When is an Employee Paid Double Time?

The Fair Labor Standards Act (FLSA) has no requirement for double time pay (see statement), but the California Department of Industrial Relations does.

California workers are legally entitled to double time pay in two cases. First, when the hours worked in one day exceed 12, then they are paid double time for every hour worked thereafter. Second, if an employee works seven consecutive days, then for the first 8 hours on that seventh day they are paid time and a half, but for each additional hour, they are paid double time.

From the US Department of Labor Website: “Any work in excess of 12 hours in one day and any work in excess of eight hours on any seventh day of a workweek shall be paid no less than twice the regular rate of pay.”

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12 thoughts on “When is an Employee Paid Double Time?

  1. Pingback: Overtime: The Fed Calls the Shots Here | The Timesheets Blog

  2. We worked 6 days straight and came back the next day on a Sunday and keep going all the way to Friday is that consider double time since Sunday started a new pay period

    • Hi Guillermo,

      It is not likely to be since it was not 7 consecutive days in the same workweek. The Department of Labor uses the word “workweek” in it’s definition here: “Any work in excess of 12 hours in one day and any work in excess of eight hours on any seventh day of a workweek shall be paid no less than twice the regular rate of pay.”

      However, I have heard of the courts making special judgements on a case by case basis. If this happened all the time and the courts saw it as abuse of the definition, the company may be liable for double time payments. But, I am not a lawyer and am not the one to ask. If you really feel you are being abused by your employer, contact an employment lawyer for help.

  3. ok, what if you work mon – fri. and get overtime each day? Then go in that SAT. for over 8 hrs,..then SUN. for 8 ? this put us OVER 60hrs before SUNDAY. should SUNDAY be double time???Is there an over 60 consecutive hr rule in play here???

    • The two conditions that I am aware of come from the Department of Labor’s website and that is: “Any work in excess of 12 hours in one day and any work in excess of eight hours on any seventh day of a workweek shall be paid no less than twice the regular rate of pay.”

      So if you’re not working over 12 hours in one day and you’re not working over 8 hours on that 7th day, then you are not entitled to double time.

  4. Technically, you could work 80 hours in a week and not get double time: 12 hours times 6 days, plus 8. And that is just in California. Most of the rest of the country does not require that double time be paid at all.

    There are some laws in place to protect employees but, clearly, they’re not perfect and often not enough.

  5. Pingback: Dodging Double Time – Is It Right? | The Timesheets Employee Management Blog

  6. Ok so heres my situation this week…on this sunday im normally scheduled 1-930 pm but im staying till 3 am and on Thursday Thanksgiving Day Im doing the same thing instead of leaving at 930 im staying till 3 am. At my job during the holiday weeks we get paid for 48 hours instead of 40 but im trying to figure the OT. So on those two nights after 930 ill get regular time and a half until 130 am then its double time till i clock at 3 am right? Or no? Help please

    • Are you clocking out for lunch? I would guess you’re clocking out for 30 minutes since you said that you should start accumulating overtime after 9:30. If this is correct, then at 9:30 you will have worked 8 hours. By 1:30am you will have worked 12 hours. So any work you do after 1:30 should be double time… if you are in California. Sounds like you figured correctly!

  7. Ok so on 01/03 friday i came into work at 5am left at 3:07 before i left i was ask to come back at before a six hour mark, when i came back i clock in at 7:47pm friday then clock out Saturday morning at 2:45am. Now the time when i was ask to come back to work from 7:47pm friday to Saturday 2:45am is that considered double time?

  8. I am paid hourly ad worked a full 40 hours Mon thru Fri. I was askd to travel via air for a customer project leaving Fri afternoon and returning SUnday afternoon. I will be at customer site and staying at local hotel. What starts and stops the clock for the weekend trip.

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