“Integrity is telling myself the truth. And honesty is telling the truth to other people.” Spencer Johnson
Overtime Wage Theft
Are you getting cheated out of overtime pay? According to most studies, every year hundreds of thousands of California workers are cheated out of being paid the overtime that they are entitled to under California law.
In order to give employees proper rest in between shifts, California labor laws dictate how many hours employees may work in a day, as well as how many hours can be worked in a week. However, employees who wish to work beyond these limits may do so as long as you are paid a premium for the hours over the maximum (overtime pay) by their employer.
To determine how much they should be paid for overtime, California workers should pay close attention to their:
- Ages. Any employees who are over age 18 are subject to California overtime provisions, as well as any employees that are age 16 or 17 who are not legally required to attend school and are not otherwise prohibited from performing the subject work assigned.
- Workdays. The California measure of a day's work is eight hours, meaning employees can be paid at their normal rate for up to eight hours of labor in a single day. Between eight and ten hours in any workday, an employee must be paid one and one-half times his regular rate of pay. For all hours worked after the 12th hour, an employee must be paid double his regular rate of pay.
- Workweeks. Employees can work up to 40 hours in a single workweek at their regular rate of pay. Any employee who works over 40 hours in a workweek shall be paid one and one-half times his regular pay rate for all hours worked over 40. In some cases, extra pay may be given for working over five consecutive days.
- California Overtime Rate: Effective July 1, 2014, the minimum wage in California is $9.00 per hour. Thus, the California overtime rate is 1 1/2 times $9.00 = $13.50 per hour. Effective January 1, 2016, the minimum wage in California is $10.00 per hour. Thus, the California overtime rate for this period will become 1 1/2 times $10.00 = $15.00 per hour.
Are You Exempt From California Overtime Laws?
It is worth noting that these rules do not apply to some employees, as they are exempt from California overtime law. However, it is likely that any groups of employees not covered by California overtime law (such as those in unions) will still be owed overtime payment under different regulations. To find out how much you could be owed, download a free copy of our guide, The Ultimate Straight Talk Guide To Getting Your Hard Earned Wages Back.
Disclaimer: Please understand these discussions and/or examples are not legal advice. All legal situations are different. This testimonial, endorsement and/or discussion does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter, your particular case/ situation and/or this particular case/ situation. Thanks, Bill Turley