As the economy continues to crash, businesses are scrambling to find ways to cut costs. One of the most common ways this is done is by reducing the number of employees and increasing working hours, which can often mean unpaid overtime. This article covers the law on unpaid overtime in California and explains what steps you can take if you’re owed unpaid overtime.
Overtime Law In California
In California, employers must pay employees for hours worked over 40 in a workweek. Overtime is any hour over 8 in a workday or 40 in a workweek. Employees must meet the Fair Labor Standards Act (FLSA) requirements to qualify for overtime compensation.
Under the FLSA, employees are entitled to time-and-a-half for hours worked over 40 in a workweek. For employees paid on an hourly basis, overtime compensation includes an amount equal to one-half times their regular hourly rate for each hour worked over 40. If an employee’s standard hourly rate is less than $10 per hour, the employee is instead entitled to double their regular rate for each hour worked over 40.
If an employee works more than eight hours in a day, but less than 10 hours in a day, they are considered to have worked an overtime day. Employees who work more than 10 hours a day are considered to have worked an overtime week.
Overtime violations can result in monetary fines and imprisonment. Employers who knowingly violate the FLSA can be subject to criminal penalties, including fines of up to $5000.
What is Overtime?
You need to know a few things about overtime in California law. Overtime is defined as any time worked over 40 hours in a week. Generally, you’re entitled to receive overtime pay for each hour worked over the 40-hour threshold.
The law also limits how much overtime an employee can earn in a year. For example, employees who work more than 810 hours a year must receive at least $24,440 in total compensation, including overtime.
If you work more than 10 hours a day or 40 hours a week, your employer must provide you with at least one and one-half times the standard pay rate for all hours worked over those thresholds. If you have questions about your rights to overtime pay, speak with a lawyer.
Who Is Covered By The Overtime Law In California?
The overtime law in California applies to all employees who are paid at least $455 per week or engaged in an exempt activity. This includes almost all workers in the state, including those who work in the private sector, government, and nonprofit organizations. In addition, certain workers who are covered by other labor laws may also be entitled to overtime compensation.
Who Is Not Covered By The Overtime Law In California?
The overtime law does not apply to most employees in the state. These employees are usually those who work less than 40 hours per week, those who are not paid at least $455 per week, or those whose duties do not qualify them as exempt from the overtime requirement. Some exceptions to this rule include particular executive, administrative, and professional employees.
How Much Is Overtime Pay Owed To An Employee Under The California Overtime Law?
Overtime pay is based on a worker’s regular hourly pay rate plus 1½ times their regular overtime rate. For example, an employee who earns $22 per hour would be entitled to receive an extra $39.25 per hour.
The Overtime Pay Rate
The overtime pay rates in California are 1.5 times the regular pay rate for each hour worked over 40 in a workweek, up to a maximum of $455 per week.
How Much Must An Employee Be Paid For Overtime Hours Worked?
The law on unpaid overtime in California is straightforward. In California, an employee must receive at least $10.50 per hour for hours worked over 40 or $12.00 per hour for hours worked over 8 in a workday. If the employee is less than 16 years of age, they must receive at least $7.25 per hour.
What Remedies Are Available to An Employee Who Does Not Receive Overtime Pay?
If you are an employee in California and do not receive the overtime pay you are owed, your options may vary depending on the specific circumstances of your case. However, in general, if you have worked more than eight hours in a day or 40 hours in a week but are not paid for the extra time, you could bring a lawsuit against your employer. You could also recover backpay, damages, and attorney fees from your employer.If you are an employee who works more than 40 hours in a week and your employer fails to pay you the required wage for those additional hours worked, then you may have legal grounds to file a claim against your employer. Speak with an attorney if you believe you were not paid the correct amount of overtime.
