California overtime law is actually pretty straightforward: most California employees must be paid overtime at 1.5 times their regular rate of pay for all hours they work over eight in one day or 40 in one week.
Despite the simplicity of this statement, employers consistently violate the California overtime labor laws. The result is that likely millions of California employees are being underpaid. Are you one of them?
WANT TO FILE A CIVIL LAWSUIT OR WAGE CLAIM TO RECLAIM UNPAID OVERTIME WAGES?
If you are interested in recovering your unpaid overtime wages, you very likely will need legal representation. Strauss Law Group usually represents employees on a contingency basis, meaning that we only get paid if we win. Contact Strauss Law Group now for a free case evaluation or call us 24/7 at (805) 641-9992 or (877) 641-9992 (toll free).
OVERTIME LABOR LAW OVERVIEW
In California, overtime is defined as work over 8 hours in one day or 40 hours in one week. Additionally, any employee who works all seven days in one work week must be paid overtime for the first eight hours of work on the seventh day.
Overtime must be paid at the rate of 1.5 times a worker’s “regular” rate of pay. Broadly speaking, an employee’s regular rate is his or her normal hourly rate. However, the regular rate can be higher in some circumstances.
Doubletime violations are more rare. Doubletime is defined as work over 12 hours in one day and any work performed in excess of 8 on the seventh day for the employee who works all seven days in one work week. Doubletime is 2.0 times a worker’s regular rate of pay.
Typically, an employee may collect unpaid overtime or doubletime going back three years from the date his or her lawsuit is filed. However, it may be possible to go back as many as four years.
Full-time Worker works an average of five overtime hours per week. He has been employed with the same company for six years. His regular rate of pay is $18. Based on this information, his employer would owe him $28,080, plus interest, additional penalties, and attorney fees.
CONTACT STRAUSS LAW GROUP TO SEE HOW MUCH YOU MAY BE OWED IN UNPAID OVERTIME.
PENALTIES FOR THE NON-PAYMENT OF WAGES
In any action for unpaid wages, if it can be shown that the employer wilfully refused to pay minimum wage, overtime, or doubletime or to provide meal periods, the employer can be held liable for penalties. These penalties include 30 days of pay for each aggrieved employee.
Worker prevails on a claim for missed meal periods and can show that the employer acted wilfully in denying the meal periods. Worker was making $45,000 a year in salary and she worked eight-hour days. Based on this information, Worker’s “regular” rate would be approximately $21.60, so her penalties would be 30 days x 8 hours x $21.60 per hour, or $5,184.