All non-exempt employees in California should earn one-and-a-half times of their regular pay rate, if they work beyond standard 40 hours in a workweek. That’s the crux of overtime laws in California. If an employee works more than 12 hours in a workday, they should earn double wages. If you are eligible for overtime pay and your employer hasn’t paid the same, you can choose to file complaint with California’s Division of Labor Standards Enforcement. Alternatively, you have the choice to file a lawsuit against the employer.
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Is everyone entitled to overtime pay?
There are exemptions in the California overtime laws. Salespersons, those who are associated with a union with “collective bargaining agreement”, independent contractors are some examples of exemption.
How much overtime pay is due to non-exempt employees?
Overtime pay is due to all non-exempt employees, who work beyond 40 hours per week, or 8 hours per day. Those working for six consecutive days in a workweek are also entitled to the increased pay. In such circumstances, employees can get “time and a half” of their regular salary. However, an employee is entitled to double-time wages, if they work more than 12 hours in one workday or have worked for more than 8 hours on 7th consecutive workday. The overtime wages must be paid by employers within seven calendar years, after payroll period has closed.
Filing a complaint with DLSE
Employees can choose to file a wage claim with DLSE, or the Division of Labor Standards Enforcement. The Deputy Labor Commissioner will take a call on the claim. The claim can be dismissed or referred to a conference. The latter allows both parties to come to an agreement to resolve the matter, without going to hearing. The matter can be also referred for hearing, where both sides can testify.
Hiring a lawyer
For most employees, going through the California overtime laws and understanding the dos and don’ts can be hard. If someone has been denied overtime pay, they may not know much on how to file a complaint or deal with the lawsuit. That’s where an experienced lawyer can come in handy. A good lawyer knows what it takes to decode the laws and they can work in your interests, so that you get the compensation that you deserve.
Check online now to find more on California overtime laws or talk to an attorney to discuss your dues in depth.