You don’t want to be ripped off by your employer. Under California wage and hour law, you are entitled to overtime pay. This Guide will help keep your employer’s hand out of your wallet.
WORKING OFF THE CLOCK
With these trying economic times, more and more workers are being forced to forego pay which they are entitled to under California law. This is happening across America. Not just here in California. With high unemployment and so many over-qualified job seekers many workers feel pressured to work “off the clock.” That is, not receive wages that they are entitled to under the law.
For other workers, they feel pressured not to report employers stealing their wages, because they know that the next person will probably not complain. Because they have a spouse, a mortgage and hungry kids to feed. This is the work place reality in California today.
NOT RECEIVING OVERTIME
One way which employers steal employee wages is not paying overtime or “underpaying” overtime. California Wage and Hour laws have Overtime provisions. California’s wage and hour laws are much stricter than federal wage and hour laws and may be different than other states. Thus, this article about California overtime law only applies to California employees.
OVERTIME: TIME AND ONE-HALF
California has a general overtime provision. Workers who are 18 years of age or older can not be employed more than eight hours in any workday unless they receive one and one-half times their regular rate of pay. When they work over 40 hours in the workweek they must receive one and one-half times their regular rate of pay.
In California, a day’s work is 8 hours. Working beyond eight hours in any workday or more than six days in any workweek is permissible provided the California worker is compensated for the overtime at not less than:
1. One and one-half times the worker’s regular rate of pay for all hours worked in excess of eight hours up to and including 12 hours in any workday.
2. One and one-half times the worker’s regular rate for the first eight hours worked on the seventh consecutive day of work in a workweek.
3. Double the worker’s regular rate of pay for all hours worked in excess of 12 hours in any workday.
4. Double the worker’s regular rate of pay for all hours worked in excess of eight on the seventh consecutive day of work in a workweek.
THE BOTTOM LINE
Be sure to consult with a California wage and hour attorney if you feel like you have not been properly paid overtime pursuant to California law.
William Turley is a California Wage and Hour Lawyer . He was elected President of Consumer Attorneys of San Diego. Bill is a wage and hour attorney that is asked to handle wage and hour cases all over California.