California Labor Code

§ 204.3

LAB § 204.3 Effective Jan 1, 1994Div. 2 · Part 1 · Ch. 1 · Art. 1

Statute text

(a)An employee may receive, in lieu of overtime compensation, compensating time off at a rate of not less than one and one-half hours for each hour of employment for which overtime compensation is required by law. If an hour of employment would otherwise be compensable at a rate of more than one and one-half times the employee’s regular rate of compensation, then the employee may receive compensating time off commensurate with the higher rate.

(b)An employer may provide compensating time off under subdivision (a) if the following four conditions are met:

(1)The compensating time off is provided pursuant to applicable provisions of a collective bargaining agreement, memorandum of understanding, or other written agreement between the employer and the duly authorized representative of the employer’s employees; or, in the case of employees not covered by the aforementioned agreement or memorandum of understanding, pursuant to a written agreement entered into between the employer and employee before the performance of the work.

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Legislative history

Added by Stats. 1993, Ch. 544, Sec. 1. Effective January 1, 1994.