Sometimes, an employer might ask you to stay later or come in on your day off. It’s understandable, as situations can occur that mean a company needs more help than usual. For instance, if you work for a catering company, and they have a big event to cater for tomorrow.
Your employer might tell you to take the equivalent amount of time off later to make up for the extra you worked. While that might sound like a fair arrangement and be something you are happy to accept, the law might not agree.
California expects employers to give time off in lieu at the same rate as overtime
If you work above a certain number of hours in a day or week, your employer must pay you the extra at the appropriate overtime rate. If they instead tell you to take time off in lieu, they must allow you time off at that same ratio. While certain employees and employers are exempt from these rules, that is the norm.
If you work over eight hours in a day (or over 40 hours in a week), you should get paid for the extra at one and a half times your usual hourly rate. Or receive one and a half hours off in lieu for each extra hour you worked above those limits.
If you surpass 12 hours in a day, the time beyond that twelfth hour is compensable at twice your usual hourly rate. Or at two hours in lieu for each extra hour worked beyond the twelfth.
Understanding this is crucial to ensuring your employer pays you properly. If they don’t, you might want to learn about your legal options.