If you work 40 hours or more in a week in California, then you are entitled to overtime pay. The same holds true if you work more than 8 hours in a day. However, to qualify for overtime pay you must not work in certain occupations that are exempt from overtime pay. At The Kaufman Law Firm, we are advocates for the working people, and we know that some unscrupulous employers look to skirt paying overtime using illegal practices. If that has happened to you, contact our Los Angeles unpaid overtime team right away.
In California, overtime pay is calculated at 1.5 times the amount of your regular pay. The overtime rate kicks in when you work more than 40 hours in a week or more than 8 hours in a day. You also should receive overtime pay for the first eight hours worked on the seventh day in a work week, when the days are worked consecutively without a day off. Employers are required to pay overtime pay, even if they did not authorize the employee to work overtime hours.
The compensation that you receive from your employer for your work divided by the number of hours that you work is your regular rate of pay. This is fairly simple to figure for an hourly employee. For a salaried employee, provided the employee was hired in on a full-time basis, the regular rate of pay is figured by dividing the salary of the worker by 40. If you receive other forms of compensation from your employers, such as a shift differential or a bonus for performance, then those amounts would also factor into the calculation of your regular pay rate.
While normally figured at a rate of 1.5 times your regular pay, hours worked in excess of 12 in one day or in excess of eight the seventh consecutive work day without a day off is payable at a rate of double your regular pay rate.
If your employer doesn’t pay, you have recourse. You can file a wage claim against the employer with California’s Labor Standards Enforcement. You can also sue your employer in court. Your employer cannot retaliate against you in any way for filing a wage claim. To do so subjects your employer to the filing of discrimination of retaliation complaint with the office of the Labor Commissioner and/or seeking out damages from your employer in civil court.
When you work, you expect to be fairly compensated. Unfortunately, that doesn’t always happen, and bad apple employers try to save a buck at your expense. We are steadfast and staunch advocates for working people at The Kaufman Law Firm. If your employer has infringed on your rights by refusing to recognize your overtime hours, let us know by dialing (310) 981-3404. Our Los Angeles unpaid overtime attorney is waiting to talk to you about your particular situation and help you find a remedy that holds your employer accountable.