Exceptions to the general overtime law

IWC Order

Affected Employees

Exceptions

All Orders, except Orders 14 and 15

All employees subject to a validly adopted alternative workweek schedule

  1. No overtime required for a regular schedule of not more than 10 hours per workday within a 40-hour workweek.
  2. One and one-half times the employee's regular rate of pay for any work in excess of the regularly scheduled hours in any workday beyond the schedule established by the agreement up to 12 hours a day or beyond 40 hours per week. This requires payment of time and one-half for any work performed (up to eight hours) on any day not included in the schedule established by the agreement.
  3. Double the employee's regular rate of pay for work in excess of 12 hours per day and any work in excess of eight on those days worked beyond the regularly scheduled number of workdays established by the agreement.
  4. For all Orders except Order 16, if the employer requires an employee to work fewer hours than those that are regularly scheduled, the employer must pay the employee overtime at the rate of one and one-half times the employee's regular rate of pay for all hours worked in excess of eight hours, and, of course, double the employee's regular rate of pay for all hours worked in excess of 12 hours for the day the employee is required to work the reduced hours.
  5. For Order 16 only, an employee who works longer than eight hours but no more than 10 hours in a workday pursuant to an alternative workweek schedule, must be paid an overtime rate of not less than one and one-half times his or her regular rate of pay for any work in excess of the regularly scheduled hours established by the agreement.

Orders 4 and 5

Employees in the healthcare industry who are subject to a validly adopted alternative workweek schedule

No violation of the daily overtime provisions by an employer covered by Order 5 who institutes a validly adopted alternative workweek schedule that provides for workdays exceeding 10 hours but not more than 12 hours within a 40-hour workweek without the payment of overtime, provided that:

  1. An employee who works beyond 12 hours in a workday must be paid overtime at double the employee's rate of pay for all hours in excess of 12; and
  2. An employee who works in excess of 40 hours in a workweek must be paid overtime at one and one-half times the employee's regular rate of pay for all hours worked over 40 in the workweek.

Order 5

Employees of a hospital or an establishment which is an institution primarily engaged in the care of the sick, the aged, or the mentally ill or defective who reside on the premises

Employees working in accordance with a 14 consecutive day work period in lieu of a workweek of seven consecutive days must be paid one and one-half times their regular rate of pay for hours worked in excess of eight in a workday and 80 in the 14-day period. Such an arrangement must be pursuant to an agreement or understanding arrived at between the employer and employee. No double time is required.

Order 5

Camp counselors

No daily or weekly overtime required provided employee does not work more than 54 hours and not more than six days in a workweek. In an emergency, employee may work over 54 hours or more than six days in a workweek and must be paid not less than one and one-half times employee's regular rate of pay for all such excess hours. No double time required.

Order 5

Personal attendants

No daily overtime. No weekly overtime required, provided employee does not work more than 40 hours nor more than six days in a workweek. In an emergency, employee may work over 40 hours or more than six days in a workweek and must be paid not less than one and one-half times employee's regular rate of pay for all such excess hours. No double time required.

Order 5

Resident managers of homes for the aged having less than eight beds

No daily overtime. No weekly overtime required, provided, employee does not work more than 40 hours nor more than six days in a workweek. In an emergency, employee may work over 40 hours or more than six days in a workweek and must be paid not less than one and one-half times employee's regular rate of pay for all such excess hours. No double time required.

Order 5

Employees directly responsible for children under 18 receiving 24-hour residential care

  1. Time and one-half for all hours in excess of 40 in a workweek. If employee works more than 16 hours in a workday, must be paid two times employee's regular rate of pay for all such excess hours.
  2. Employee shall be paid two times his or her regular rate of pay for all hours in excess of 48 in a workweek.

Orders 5 and 9

Ambulance drivers and attendants scheduled for 24-hour shifts who have agreed in writing to exclude from daily time worked not more than three meal periods of not more than one hour each and a regularly scheduled uninterrupted sleeping period of up to eight hours.

No daily overtime required

Order 10

Employees of a ski establishment during any month when Alpine or Nordic skiing activities are being conducted

  1. Employee may have a regularly scheduled workweek of not more than 48 hours.
  2. Employee shall be paid not less than one and one-half his or her regular rate of pay for any hours worked in excess of 10 in a workday or 48 in a workweek.

Order 12

Extra Players

One and one-half times the extra player's rate of pay for the ninth (9th) and tenth (10th) hours of work in a workday, and not less than double the extra player's rate of pay for all hours worked in excess of 10 in a workday, computed in units of one-tenth (1/10) hours.

Order 12

Minors, except those who are 16 and 17 years old who are not required by law to attend school

One and one-half times the minor's regular rate of pay for all hours worked on the (6th) consecutive workday.

Order 14

All employees who are not otherwise exempt/excluded from the overtime provisions of Order 14 (Agricultural Occupations)

One and one-half times the employees regular rate of pay for all hours worked over 10 in a workday and for the first eight hours worked on the seventh (7th) consecutive day of work in a workweek, and for two times the employee's regular rate of pay for all hours worked over eight on the seventh (7th) consecutive day of work in a workweek.

However, no overtime pay is required on the seventh (7th) consecutive day of work in a workweek when the total hours of employment during such workweek do not exceed 30 and the total hours of employment in any one workday thereof do not exceed six.

Order 15

Live-in employees

Live-in employees who are required or permitted to work (i) during the three scheduled off-duty hours that fall within the 12-hour span of work; or (ii) during the 12 consecutive off-duty hours in a workday, must be paid overtime at the rate of one and one-half the employee's regular rate of pay for all such hours worked.

Live in employees who work in excess of five workdays in a workweek must be paid overtime at the rate of one and one-half times the employees regular rate of pay for hours worked up to and including nine hours on the sixth (6th) and seventh (7th) workdays, and two times the employee's regular rate of pay for all hours worked in excess of nine hours on the sixth (6th) and seventh (7th) workdays.

Order 15

Non-Live-in employees who are not otherwise exempt/excluded from the overtime provisions of Order 15 (Household Occupations)

No overtime pay is required on the seventh (7th) consecutive day of work in a workweek when the total hours of employment during such workweek do not exceed 30 and the total hours of employment in any one workday thereof do not exceed six.