Unpaid overtime is an issue faced by many workers in California. It can be difficult to navigate the complex laws that govern overtime pay and even more confusing knowing how to pursue a case against an employer if you believe your overtime rights have been violated.
This article will explore the specifics of unpaid overtime in California and discuss what you need to know to protect your rights.
We will cover the different laws related to overtime pay in California, the types of workers exempt from overtime pay, and how to file a claim if you believe your overtime rights have been violated.
Understanding how to navigate this issue is essential, so let’s dive in and explore unpaid overtime in California.
California is one of the most employee-friendly states in the country when it comes to overtime. The California Labor Code requires employers to pay their employees overtime for any work over 8 hours per day or 40 hours per week.
Overtime pay is 1.5 times the regular hourly rate for any time worked over 8 hours in a day or 40 hours per week, or 2 times the regular hourly rate for any time worked over 12 hours in a day.
Additionally, if an employee works 7 consecutive days in a single workweek, they must be paid at least 2 times their regular hourly rate after the first 8 hours of work on the 7th day.
It’s important to note that some workers, such as certain agricultural employees, union employees, and employees working under an alternative work schedule, are exempt from or have different overtime pay laws.
Under California law, certain types of workers are exempt from overtime pay. These include those whose tasks are mainly executive, administrative, and professional duties, as defined by the Fair Labor Standards Act (FLSA) and California labor law.
Outside salespersons, certain computer professionals, and certain agricultural employees are exempt from overtime pay.
In general, if someone is paid a salary that equates to at least double the minimum wage, they are also exempt from overtime pay.
In California, overtime pay must be at least 1.5 times the employee’s regular pay rate for any hours worked over 8 hours in a day or 40 hours in a week.
In addition, employers must pay at least 2 times the employee’s regular pay rate for any hours worked over 12 hours in a day or for the first 8 hours of work on the 7th consecutive day in a single workweek.
It’s important to note that overtime pay must be based on the employee’s regular rate of pay.
This includes all wages, such as non-discretionary bonuses and commissions, earned in the same pay period as the overtime hours worked.
In California, employers are not allowed to require employees to work "off the clock." This means employers must pay employees for all hours worked, even if they are not officially clocked in.
Additionally, employers must pay employees for any work-related activities, such as attending meetings or training sessions, that occur outside of the employee’s regular working hours if attendance is required.
It’s important to note that employers are also required to give one unpaid 30-minute meal break if more than five hours are worked in a shift. An additional unpaid 30-minute meal break is required if the employee works more than 12 hours a day.
For every four hours worked, a paid ten-minute break shall be allowed also.
If you believe your employer has violated California overtime laws, you can file a claim. The first step is to file a complaint with the California Labor Commissioner.
The Labor Commissioner will hold a hearing to determine if your employer is in violation and will issue an order for the employer to pay the appropriate overtime wages.
It’s important to note that there is a time limit for filing a California overtime claim. Generally, an employee must file a claim within three (3) years of the date the alleged overtime violation occurred.
Suppose it is impossible to determine the date of the violation. In that case, the employee must file the claim within three years of when the employee reasonably should have known of the violation.
Depending on the amount of unpaid wages due, employees can also file a lawsuit in California superior court to seek unpaid wages and other Labor Code violations. Many claims under the Labor Code related to unpaid wages allow an employee to also seek attorneys’ fees and costs should they prevail on the claims.
To avoid violating California's overtime laws, employers should ensure they are aware of the laws and regulations related to overtime pay.
Additionally, employers should strive to accurately track their employees’ hours worked and pay them for all additional wages for hours worked over 8 hours in a day or 40 hours in a week.
Employers should also be aware of the different types of workers who may be exempt from overtime pay and have clear policies regarding overtime pay for their employees.
Finally, employers should ensure they comply with California’s off-the-clock rules and not require employees to perform work-related activities off the clock.
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Unpaid overtime is an issue faced by many workers in California. It is essential to understand the laws related to overtime pay and the types of workers who may be exempt from overtime pay.
It is essential to know the statute of limitations for filing a claim and the steps to take if an employer contests a claim. Understanding these laws and regulations is critical for protecting your rights and ensuring you are appropriately compensated for your work.
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