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?
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Understanding overtime laws in california
1. 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.
2. 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.
3. 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.