Understanding Overtime Laws in California

You wouldn’t throw money out of your driver side window while cruising along on the freeway at 65 MPH, so why would you sit at work after hours and continue working without proper payment for your efforts? If you are a non-exempt employee working 8-hour days and 40-hour workweeks, you could be entitled to overtime pay if you work beyond your schedule. But things are not so cut and dry. Here are some guidelines to understanding whether or not your extra work entitles you to extra money.

First, you should know that California law states that overtime is:

One and one-half times the employee's regular rate of pay for all hours worked more than of eight hours up to and including 12 hours in any workday, and for the first eight hours worked on the seventh consecutive day of work in a workweek; and

Double the employee's regular rate of pay for all hours worked more than of 12 hours in any workday and for all hours worked more than eight on the seventh consecutive day of work in a workweek.

There are exemptions and exceptions to this rule for many industries, as well as certain positions that are salaried, unionized or have alternative working agreements. For example, people who agree to work four 10-hour days or three 12-hour days would not be eligible for overtime, if that is their regular workweek.

California law requires that employers pay overtime, whether authorized or not. And businesses can discipline employees who work extra but do not put in for overtime.

However, California's wage and hour laws require that the employee is compensated for any hours he or she is "suffered or permitted to work, whether or not required to do so." So how does the state determine what "suffer or permit" means? It classifies the work as extra work that the employer knew or should have been aware. The employee must obtain authorization to take on the added tasks and work longer days. The employer must have the opportunity to obey the law.

You should also know that your employer can require you to work added hours, but they have to compensate you with the proper overtime pay to do so. In fact, your employer could dismiss you if you refuse overtime assignments. Once you complete the work, the overtime pay should be directly rolled into the upcoming pay period. There should not be a delay in payment for overtime services you provide. If you feel that your employer is not properly compensating you for overtime, ask about a free consultation from Carter Law Firm, a top Orange County labor and class action law firm.

If you feel that you have worked overtime, and your employer did not compensate you in compliance with California law, you can file a claim with the state. But working with an experienced labor law attorney can help you reclaim wages that you didn’t collect but also penalties that the court assesses, as well as attorney fees. These provisions are of significant benefit to workers considering bringing wage and hour claims, as the legal work involved in prosecuting such cases through trial and/or any necessary appeals can be substantial. Carter Law Team is an Orange County expert in litigating wage claim and overtime violations. Contact our team for a free consultation, as our legal experts can assess whether the work you did constitutes overtime pay.