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HomeEducation CodeDiv. 3Pt. 25Ch. 5Art. 1§ 45128 Overtime Compensation Rules

§ 45128 Overtime Compensation Rules

Education Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 45128 Overtime Compensation Rules

Key Takeaways

  • •If you work more than 8 hours in a day or 40 hours in a week, you get paid extra (overtime).
  • •Overtime pay is at least 1.5 times your normal pay rate.
  • •Some jobs have shorter workdays (7+ hours) or workweeks (35+ hours), and working extra in those counts as overtime too.
  • •Paid time off (like holidays or sick days) counts as hours worked when calculating overtime.

Example

If you work 9 hours in a day instead of your usual 8, you get paid extra for that 1 extra hour.

Your boss must pay you 1.5 times your normal pay for that extra hour because it’s overtime.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 45128 Overtime Compensation Rules

The governing board of each district shall provide the extent to which, and establish the method by which ordered overtime is compensated. The board shall provide for such compensation or compensatory time off at a rate at least equal to time and one-half the regular rate of pay of the employee designated and authorized to perform the overtime. Overtime is defined to include any time required to be worked in excess of eight hours in any one day and in excess of 40 hours in any calendar week. If a governing board establishes a workday of less than eight hours but seven hours or more and a workweek of less than 40 hours but 35 hours or more for all of its classified positions or for certain classes of classified positions, all time worked in excess of the established workday and workweek shall be deemed to be overtime. The foregoing provisions do not apply to classified positions for which a workday of fewer than seven hours and a workweek of fewer than 35 hours has been established, nor to positions for which a workday of eight hours and a workweek of 40 hours has been established, but in which positions employees are temporarily assigned to work fewer than eight hours per day or 40 hours per week when such reduction in hours is necessary to avoid layoffs for lack of work or lack of funds and the consent of the majority of affected employees to such reduction in hours has been first obtained. For the purpose of computing the number of hours worked, time during which an employee is excused from work because of holidays, sick leave, vacation, compensating time off, or other paid leave of absence shall be considered as time worked by the employee. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. (Enacted by Stats. 1976, Ch. 1010.)

Last verified: January 23, 2026

Key Terms

overtimecompensationgoverning boardworkdayworkweek

Related Statutes

  • § 45127 Classified Employee Work Hours
  • § 17565 School Property Insurance Requirements
  • § 17569 School District Street Improvements
  • § 17570 School District Pedestrian Facilities
  • § 17571 School Underpass Lighting

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Education Code. Section 45128.
View Official Source