Most California workers have little energy left after a typical 40-hour work week. Being asked to work overtime is often an unwanted request that employees sometimes reluctantly fulfill. But with that extra hard work, there’s the promise of bonus pay. In fact, California law mandates overtime pay for all non-exempt employees.
But some employees putting in the extra 10, 15, or 30 hours a week fail to find additional funds in their paychecks. California employees should know that they are empowered to report employers who don’t pay overtime. They should also rest assured they are protected from retaliation when they take action.
Contact a California Overtime Violation Lawyer
If you have been denied overtime pay and other benefits for your hard work, Maison Law stands ready to help you seek justice. With our extensive knowledge of California and federal labor laws, we assist workers in filing claims against employers to secure wages and every minute of overtime pay that’s due.
Contact us for a free consultation that comes with no obligation to you. We want to hear about the unpaid hours you’ve worked and then talk over all of your legal options. This free case review is completely confidential.
Overtime Pay Rights for California Workers
California Labor Code 510 ensures that workers are paid fairly for their time spent on the job beyond the legal standard in a day or week.
California non-exempt employees earn overtime pay if they:
- Work beyond 40 hours in a workweek
- Or, more than 6 consecutive days in a workweek
- Or, more than 8 hours in a day.
Workers must be paid double-time pay if they:
- Work more than 12 hours in a workday
- Or, more than 8 hours on the seventh consecutive day of a workweek.
These rules may not apply to salaried employees or employees who work a four-day week with extended hours but talk to a California Wage Loss Attorney to make sure.
Overtime Pay Calculated for California Workers
California’s Department of Industrial Relations (DIR) goes over these requirements and defines the value of overtime pay in the state:
- One and one-half times the employee’s regular rate of pay for all hours worked in excess 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 in excess of 12 hours in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek.
The rate of pay may never be less than California’s minimum wage. These requirements apply to all non-exempt workers. They also protect documented and undocumented immigrant workers.
Your company would probably never accept having to wait for you to perform your job duties. By the same token, you should never have to wait on a paycheck or overtime compensation after you’ve put in long, hard hours for your employer.
Do I Need a California Overtime Dispute Lawyer?
Speak with a California Wage and Hour Disputes Lawyer when you see the first discrepancy in your paycheck or if you never receive a paycheck at all. Companies can often afford a team of lawyers to refute your claims of a violation. It’s critical to protect your case by having a skilled labor lawyer on your side.
Working a certain amount of overtime also earns employees additional breaks. Employers can deny this right and be liable for breaking California’s labor codes. It’s another instance when a California employment lawyer would take quick action to make sure you received every benefit available after being cheated out of fair pay and rest periods.
We have more information about California’s mandated meal breaks and rest periods for workers on our website.
Earning Compensation in a California Overtime Employment Violation Claim
Victims of overtime theft or wage theft should file a wage claim with California’s Division of Labor Standards Enforcement (DLSE).
After a complaint is filed, a conference with the employee and the employer is scheduled to work out the issue. If no resolution is reached, a hearing officer looks over the case to decide how it will be settled. The officer may force the company to pay what it owes. The officer could also grant you permission to sue your employer.
In a DLSE hearing or while proceeding with a lawsuit in court, it’s important to have an experienced California overtime violation lawyer on your side. Your lawyer will fight to see that your case is treated fairly and that you earn the most from your claim possible.
These are just some of the damages your lawyer will be demanding for you in an award or settlement:
- Backpay for the wages and overtime you are owed.
- Pay for the time you worked when you should have been allowed break periods.
- Emotional trauma of losing out on pay while managing your bills and trying to support your family on less income than was expected.
- Your share of any penalties the company must pay. In some cases, wage theft victims can receive a portion of the financial punishment assessed against an employer.
- Attorney fees and legal costs.
Can I Lose My Job If I Report Overtime Pay Violations?
Your employers would be ill-advised to harass you or terminate your job after you report them. Retaliatory behavior against employees is illegal in California.
Tell your California Employment Law Attorney about any harassment or retaliation you experience on the job. Your lawyer would file a lawsuit against your company immediately. A judge could award you your job back with back pay and benefits restored if you’d been fired. You could also share in penalties levied against the employer.
Contact a California Overtime Pay Violation Lawyer
Maison Law of California offers a free consultation to any workers who feel they were owed overtime or bonus pay but didn’t receive it. This consultation is completely confidential, and your employer would not know about it.
It’s a no-risk way to find out if you have a strong case against your company. It’s also a good chance to learn what you should demand from an employer in compensation for making you wait for the wages you worked so hard for.
Our California Overtime and Wage Violation Attorneys have extensive knowledge of state and federal employment laws and we use that knowledge to the benefit of our clients. Don’t put up with an employer who doesn’t value your time and work for another minute.
