Unpaid Overtime
Under California and federal law, payment of overtime wages is required for most employees who work more than 40 hours per week or more than 8 hours per day in California. Certain employees are exempt under federal law from overtime pay. However, most employees are not exempt.
In California, employees who qualify for overtime pay are to be paid one and one half (1.5) times the regular rate of pay for any time worked over 40 hours per week. Overtime is also to be paid at that rate for all time worked over 8 hours per day up to 12 hours per day. For any time worked in excess of 12 hours in a given day and for all hours worked over 8 hours on the seventh consecutive workday.
Violations of law occur when employers pay a salary to employees when they should be compensated at an hourly rate of pay. In addition, overtime pay violations also occur when employer does not allow employees to report that they work more than 40 hours per week or 8 hours per day, i.e., working off the clock.
In the event that an employer is found to have violated the law, they are responsible for paying:
In California, employees who qualify for overtime pay are to be paid one and one half (1.5) times the regular rate of pay for any time worked over 40 hours per week. Overtime is also to be paid at that rate for all time worked over 8 hours per day up to 12 hours per day. For any time worked in excess of 12 hours in a given day and for all hours worked over 8 hours on the seventh consecutive workday.
Violations of law occur when employers pay a salary to employees when they should be compensated at an hourly rate of pay. In addition, overtime pay violations also occur when employer does not allow employees to report that they work more than 40 hours per week or 8 hours per day, i.e., working off the clock.
In the event that an employer is found to have violated the law, they are responsible for paying:
- Base pay and overtime pay due and owing
- Other compensation such as commissions, bonuses, benefits, and vacation pay
- Interest and penalties
- Attorney's fees and costs