Many California employees are entitled to overtime pay when they work more than a certain number of hours. Unpaid overtime can be a result of an employer’s failure to understand California’s wage and hour laws or a form of wage theft. Regardless, unpaid overtime claims are one of the largest categories of complaints filed under California’s wage and hours laws.
Here’s what you should know:
Definition of Overtime Pay
Overtime wages are increased payments that employees are eligible to earn after they’ve worked more than a certain number of hours in a workday or workweek. Most nonexempted California employees have a right to receive overtime pay when they’ve worked long hours.
The amount of overtime pay depends on the length of an employee’s shift. It also depends on the number of days she or he worked in a workweek.
Overtime Rate in California
The following scenarios are times when employees are eligible for an overtime rate of time and a half pay (time and a half mean one and half times the employee’s regular pay rate):
- Time worked over 8 hours a day
- Time worked over 40 non-overtime hours in a workweek
- Time worked on the 7th consecutive day in a workweek
Certain employees are also eligible for double-time pay (twice an employee’s regular rate of pay) for time:
- Worked over 12 hours in a workday
- Worked over 8 hours on the 7th consecutive day in a workweek
Overtime hours must be paid no later than the payday on the next regular payroll period after the overtime wages were earned.
Definition of Regular Rate of Pay
Overtime pay is based on an employee’s regular rate of pay, which is the normal rate of pay you earn.
A regular pay rate can include different kinds of compensation, such as hourly earnings, salary, commissions, and piecework earnings. A regular rate of pay can never be less than the applicable minimum wage.
Unauthorized Overtime Hours
California law requires that employers pay employees overtime, regardless if that overtime was authorized. Additionally, a California employee doesn’t have the right to waive his or her overtime compensation. Any waiver or agreement won’t prevent an employee from recovering the difference between the amount paid the employee and the amount of overtime compensation she or he is entitled to receive.
An employee can’t purposely prevent an employer from obtaining knowledge of the unauthorized overtime worked, and later claim recovery. At the same time, an employer must keep accurate time records and must pay an employee for work that the employer allowed to be performed. Additionally, an employer has the right to discipline an employee if he or she violated the employer’s overtime policy without the required authorization.
Consult with our Overtime Violation Claim Attorneys Today
If your employer denied paying you overtime, don’t hesitate to speak with a labor law attorney about your potential case. We are confident that our experienced employment attorneys can obtain the maximum compensation for your case and offer a “no win, no fee” guarantee. Contact Mesriani Law Group today for your free legal consultation and let us help you get the justice you deserve.