California’s overtime laws are designed to protect employees from being overworked without proper compensation. These laws ensure that employees are fairly compensated for the extra hours they put in beyond their regular work schedule.
This blog will explore the intricacies of California’s overtime laws, employee rights, and how PLBH can help you navigate any issues related to overtime pay. Contact us at (800) 435-7542 to request a legal consultation.
Overview of California Overtime Laws
What Constitutes Overtime?
In California, overtime pay is required in the following situations:
- Daily Overtime: Employees must be paid 1.5 times their regular rate of pay for all hours worked over 8 hours in a single workday.
- Weekly Overtime: Employees must be paid 1.5 times their regular rate for all hours worked over 40 hours in a workweek.
- Double Time: Employees must be paid twice their regular rate of pay for all hours worked over 12 hours in a single workday and for all hours worked over 8 hours on the seventh consecutive day of work in a workweek.
Who is Eligible for Overtime?
Not all employees are entitled to overtime pay. The eligibility depends on whether the employee is classified as “exempt” or “non-exempt.” Generally, non-exempt employees are eligible for overtime, while exempt employees, such as certain executives, administrative, and professional employees, are not.
Calculating Overtime Pay
Regular Rate of Pay
The regular rate of pay includes more than just the hourly wage. It can also encompass:
- Commissions
- Non-discretionary bonuses
- Shift differentials
Overtime Calculation Examples
- Example 1: An employee who works 10 hours in one day would receive 8 hours of regular pay and 2 hours of overtime pay at 1.5 times their regular rate.
- Example 2: An employee who works 45 hours in one week would receive 40 hours of regular pay and 5 hours of overtime pay at 1.5 times their regular rate.
Common Overtime Violations
Misclassification of Employees
Employers sometimes misclassify non-exempt employees as exempt to avoid paying overtime. It’s essential to understand the criteria for exemption to ensure you are classified correctly.
Failure to Pay for All Hours Worked
This can include not paying for pre-shift or post-shift work, off-the-clock work, or failing to include all forms of compensation in the regular rate of pay.
Improper Calculation of Overtime Pay
Employers might incorrectly calculate the regular rate of pay by excluding commissions, bonuses, or other compensation, resulting in underpayment of overtime.
Steps to Take if You’re Denied Overtime Pay
Document Your Hours
- Keep Records: Maintain a detailed record of the hours you work, including start and end times, breaks, and any additional hours worked outside your regular schedule.
Report the Violation
- Internal Reporting: Report any overtime pay discrepancies to your supervisor or HR department. Provide them with your documented hours and any relevant information.
- External Reporting: If internal reporting doesn’t resolve the issue, you can file a complaint with the California Division of Labor Standards Enforcement (DLSE).
Seek Legal Assistance
Consulting with an experienced employment law attorney at PLBH can help you recover any unpaid overtime wages. Our services include:
- Case Evaluation: Reviewing your situation and determining if you have a valid claim for unpaid overtime.
- Filing Claims: Assisting with filing a claim with the DLSE or pursuing legal action against your employer.
- Legal Representation: Representing you in negotiations, mediations, or court proceedings to ensure you receive the compensation you are entitled to.
Protect Your Rights with PLBH
Comprehensive Legal Support
At PLBH, we are dedicated to protecting employees’ rights and ensuring fair compensation for all hours worked. Our team provides:
- Expert Consultation: Offering tailored advice based on your unique circumstances.
- Aggressive Representation: Advocating for your rights throughout the legal process.
- Continuous Support: Keeping you informed and supported every step of the way.
Why Choose PLBH?
- Experience: Our attorneys have extensive experience handling overtime pay disputes.
- Commitment: We are dedicated to achieving justice and fair treatment for all employees.
- Results: Our proven track record demonstrates our ability to successfully resolve employment law disputes.
Take Action to Ensure Fair Compensation
If you believe you are not being paid correctly for your overtime work, it’s crucial to take action to protect your rights. Contact PLBH at (800) 435-7542 for a consultation and let us help you secure the compensation you deserve.