What Is Double Time Pay, and Are Employers Required to Pay it?

What Is Double Time Pay, and Are Employers Required to Pay it?

How to calculate double time pay, what states require it, and how it differs from overtime
What Is Double Time Pay

Is your work schedule too strenuous? If you believe this is true, you may be in the minority. According to Pew Research, 66% of employees feel they work about the right amount of hours each week. On the flipside, 24% believe they work too many hours, and 10% insist they work too few hours. 

Of the 24% who believe they’re working too many hours, a few of them are turning the standard grind up a notch (or two), working 12 hours (or more) each day! 

Such extravagant effort deserves a reward beyond overtime pay. We’re talking about double overtime, that rare and somewhat mythical prize that emerges when a hard day's work stretches into a Herculean marathon of dedication, determination, and, let’s face it, a bit of desperation. 

Give these employees their flowers!

But what exactly is double overtime? Is it a golden ticket to a bigger paycheck, or is it just a siren song luring you into endless hours of toil? Whether you’re an employer trying to navigate the complexities of compensation or an employee wondering if those extra hours are worth the effort, double overtime is a topic that deserves more than just a passing glance. This article will magnify the fine print by defining double overtime, explaining how workers can obtain this Holy Grail of compensation, and sharing the legal framework (or lack thereof) that regulates such a payment. 

So, grab your favorite energy drink, settle in, and let's dive into the realm of double overtime. Because if you're going to work to the point of exhaustion, you might as well be paid for your efforts! 

What Is Double Overtime?

Double overtime refers to a form of compensation where employees are paid at twice their regular hourly wage. 

Unlike standard overtime, which typically pays 1.5 times the normal rate for hours worked beyond 40 in a week, double overtime kicks in when an employee exceeds a specific threshold of hours — often 50 or 55 hours in a week — or works during certain special circumstances, such as holidays. The eligibility for double overtime depends on various factors, including federal and state laws and company policies regarding exempt and nonexempt employees. This higher pay rate serves to fairly compensate workers for their extended effort and time.

Double Overtime vs. Overtime

To fully explain “double overtime,” we first must define “overtime.”  

Overtime refers to the extra hours an employee works beyond his or her regular work schedule, typically defined by a threshold such as 40 hours per week. The specific definition of overtime and the compensation rate can vary depending on local labor laws, company policies, or contractual agreements.

In the U.S., employers are required to abide by the Fair Labor Standards Act (FLSA), which mandates overtime pay for hours worked in excess of 40 in a workweek of at least one and a half times their regular rates of pay. The FLSA does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest unless overtime hours are worked on such days.

The FLSA, with some exceptions, requires bonus payments to be included as part of an employee's regular rate of pay in computing overtime. Extra pay for working weekends or nights is a matter of agreement between the employer and the employee (or the employee's representative). 

Are Employers Required to Pay Double Time?

The FLSA does not require employers to distribute double time pay. However, states may enact their own laws, and the state of California has done just that.  

In California, the Double Time Rule applies in addition to the state's overtime rules. Double time is generally triggered in two situations:

  • Employees who work more than 12 hours in one day must be paid double their regular hourly wage for any time worked beyond that 12-hour threshold. For example, if an employee works 14 hours in a single day, he or she is paid regular pay for the first eight hours, 1.5 times his or her pay for hours nine to 12 (overtime), and double pay for hours 13 and 14.
  • If an employee works seven consecutive days in a workweek, he or she is entitled to double pay for any hours worked beyond eight hours on the seventh day. 

As of September 2024, California is the only state in the U.S. to regulate double time pay across specific workweeks. A few states and jurisdictions have daily overtime rules in addition to their weekly, 40-hour overtime requirements. 

Alaska: Overtime is paid at 1.5 times the regular rate for hours worked beyond eight per day or 40 per week.

Colorado: Employees receive 1.5 times their pay for shifts that extend beyond 12 consecutive hours, 12 hours in a day, or 40 hours per week, excluding duty-free meal periods.

Florida: Manual laborers are entitled to extra pay after 10 hours in a day unless a written contract stipulates otherwise.

Nevada: Employees earning less than 1.5 times the minimum wage qualify for overtime after eight hours in a 24-hour period at 1.5 times their regular rate.

Oregon: Mill, factory, or manufacturing employees receive 1.5 times their pay for hours worked beyond 10 in a day (eight for some timber-related jobs) or 40 per week.

Puerto Rico: Employees hired after Jan. 26, 2017, receive overtime at 1.5 times their regular rate for hours worked over eight in a day or 40 per week.

How to Calculate Double Time 

Understanding how to calculate double time pay is crucial for both employees and employers to comply with double overtime laws. To calculate double time overtime pay, follow these steps:

  1. Determine the employee’s regular hourly rate. If salaried, divide the employee’s annual salary by 52 weeks and then by the employee’s standard workweek hours (i.e., 40).
  2. Identify the hours that qualify for double time (e.g., employees are eligible for double time in Calfornia if they work 12 hours in a day or more than eight hours on the seventh consecutive day of work).
  3. Multiply the regular hourly rate by two for the double time rate.
  4. Multiply the double time rate by the number of double time hours worked.

For example, let’s say Richard, an employee who works in California, earns $20 per hour and works a 14-hour shift in one day. Under California law, double time applies for hours worked over 12 in a single day.

Regular pay (for the first 8 hours):

$20 × 8 hours = $160

Overtime pay (for hours nine to 12, at 1.5 times the regular rate):

$20 × 1.5 = $30 per hour

$30 × 4 hours = $120

Double time pay (for hours 13 and 14, at two times the regular rate):

$20 × 2 = $40 per hour

$40 × 2 hours = $80

Total Pay:

Regular pay: $160

Overtime pay: $120

Double time pay: $80

Total pay = $160 + $120 + $80 = $360.

Exempt vs. Nonexempt Employees

The main difference between exempt and nonexempt employees in terms of overtime is that exempt employees are not eligible for overtime pay, while nonexempt employees are.

Exempt employees: These employees are not required to receive overtime pay for working more than 40 hours per week. Exempt employees are usually salaried and hold administrative, professional, or executive positions. They are not subject to FLSA’s overtime regulations.

Nonexempt employees: Per the FLSA, these employees must receive overtime pay at a rate of 1.5 times their regular hourly wage for each hour worked over 40 in a workweek. Nonexempt employees are typically paid hourly and perform more manual or technical duties. 

California law doesn't require or prohibit employers from paying exempt employees double time for overtime work. However, few employers choose to do so.

Common Double Time Payroll Mistakes, and How to Avoid Them

Employers outside of California always have the option to offer double time pay. If they choose to do so, here’s a list of five common errors that may occur and a few solutions that should be considered. 

  1. Misunderstanding When Double Time Applies
    • Mistake: Confusing double time with regular overtime or failing to apply it when required, such as during holiday shifts or after a certain number of daily hours (e.g., over 12 hours in California).
    • Solution: Review federal, state, and company policies to ensure you're correctly applying double time rules. Automate payroll systems to trigger double time based on predefined conditions.
  2. Incorrect Hourly Rate Calculation
    • Mistake: Miscalculating the hourly rate, especially for salaried employees, leads to underpayment.
    • Solution: Ensure salaried employees’ hourly rates are calculated accurately by dividing their annual salary by 52 weeks and then by the standard workweek hours (typically 40). Verify rates regularly to avoid discrepancies.
  3. Missing Double Time for Consecutive Workdays
    • Mistake: Overlooking double time pay for employees working seven consecutive days in a week (in states like California).
    • Solution: Use payroll software with built-in alerts or reports to identify consecutive workdays and trigger double-time calculations where applicable.
  4. Manual Payroll Errors
    • Mistake: Relying on manual time tracking or payroll processing, leading to missed double time pay or wrong hours.
    • Solution: Automate timekeeping and payroll processes with integrated systems to reduce human error. Ensure systems accurately track work hours and apply double time when needed.
  5. Inaccurate Records
    • Mistake: Failing to maintain proper records of hours worked, resulting in disputes over double time eligibility.
    • Solution: Ensure employees clock in and out accurately and that records are easily accessible for payroll review. Periodically audit time records for accuracy.

The Importance of Accurate Time Tracking

In the world of overtime and double time, knowing your rights and responsibilities is crucial. As you’ve learned, double time isn't just a bonus — it's a fair compensation option for those marathon workdays and a requirement in California. Whether you're clocking extra hours or managing a team, accurate and reliable time tracking isn't just a necessity; it's a game-changer.

For employers, investing in reliable time tracking tools ensures compliance, reduces costly errors, and keeps your team motivated. For employees, precise records are your best defense to ensure you’re paid fairly for every hour worked.

Don’t let the complexities of overtime and double time leave you out in the cold — stay informed, stay accurate, and let your efforts shine where they count the most!

Frequently asked questions

A

Double overtime laws refer to regulations that require employers to pay employees twice their regular hourly rate after certain thresholds are met, such as working more than 12 hours in a day or over eight hours on the seventh consecutive day of work. These laws vary by state, with California having some of the most specific requirements.

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Double time pay typically applies when employees work beyond a set number of hours in a day or week or during special situations like holidays. For example, in California, double time applies after 12 hours in a single workday or after eight hours on the seventh consecutive day in a workweek.

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No, the Fair Labor Standards Act (FLSA) does not require double-time pay federally. However, some states, like California, have enacted their own double time laws, and employers may also offer double time pay voluntarily.

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California is the primary state with specific double overtime rules, but other states, like Alaska and Nevada, have daily overtime regulations. It’s essential to review state laws to determine whether double time pay applies.

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Keep accurate records of your work hours, review your pay stubs regularly, and familiarize yourself with your state's double-time regulations. If you notice discrepancies, speak with your employer or HR department.

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Some companies want to thank their employees for their extra work during the week, especially if they worked on a federal holiday. In other cases, some states mandate that companies pay employees double time after a certain number of hours worked, regardless of the company size.

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Written by

Herb Woerpel

Herb Woerpel is a copywriter with OnTheClock. He has 17-plus years of professional journalism experience working for community and national media outlets.

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