Failure to Pay Overtime
When must an employer pay overtime pay?
Under California law, non-exempt employees must be paid overtime pay at a rate of 1.5 times their regular pay rate for all hours worked over eight in a day or 40 in a week. An employer must pay 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.
Overtime must be paid even if the employer did not authorize it as California law requires an employee be compensated for any hours he or she is "suffered or permitted to work, whether or not required to do so." Overtime wages must be paid no later than the payday for the next regular payroll period after which the overtime wages were earned.
Both California and federal law requires overtime pay. However, state law is more expansive as it requires overtime pay for hours in excess of eight in a day, which is not required under federal law.
Can my employer force me to waive my right to overtime pay?
An employer may not require an employee to waive his right to overtime pay. California law requires that an employee be paid all overtime compensation notwithstanding any agreement to work for a lesser wage. Consequently, such an agreement or "waiver" will not prevent an employee from recovering the difference between the wages paid and the overtime compensation he is entitled to receive.
How can an attorney help you?
An attorney can properly advise you on the process to file a wage claim with the California Labor Commissioner or in state court. Our firm has dealt with hundreds of wage claims and is experienced in obtaining the maximum amount of wages and penalties possible.
Remember: no recovery, no fees. We only get paid if we obtain a positive recovery in your case.
We can review the facts of your case and give you an honest evaluation of any overtime issue you are facing.
Online: Case Evaluation Form