By: Nicholas J. Ferraro | June 3, 2023 | Employment Law \ Overtime \ Wage and Hour
One of the most common forms of wage theft occurs when employers don’t pay out the overtime that their employees have earned. Some employers get away with not doing so for years, in part because their employees don’t actually know when they are entitled to overtime pay. It can be a good idea to make yourself aware of the overtime laws in California overtime laws in 2024.
When You Are Due Overtime
Overtime in California is triggered in 3 different ways; length of shift, hours in a workweek, and consecutive days working.
A full work shift in California is considered to be eight hours, so any time working extended beyond the eight hours should be paid out as overtime. Hours 8-12 of a shift should be paid out at 1.5x regular wages. Anything extending beyond 12 hours will be paid out at twice the regular rate. Therefore, if you worked a 14-hour shift, that would be eight hours of regular pay, four hours of 1.5x regular pay, and two hours of 2x regular pay.
A full-time work week in California is 40 hours. Anything over 40 hours should be paid out at 1.5x regular wages. It’s important to note that it is more than 40 hours in a workweek and not more than 40 hours in a seven-day period. So if your employer’s workweek begins on a Monday and ends on a Sunday, it is possible that by working eight-hour days Wednesday through Sunday of one week and then an eight-hour day on Monday, you could be working 48 hours within six days, but they would not count towards one week.
If you were to continue working into a seventh day, that pay would be overtime paid at 1.5 times your normal wage. That is because, for any days worked past six consecutive days in California, those hours should be paid as overtime. If you were to work on a Monday of one week and work all the way through the Monday of the following week, then the Sunday and second Monday should be paid at overtime rates.
When You Are Exempt From Overtime
There are a few situations where employees may not earn overtime pay. The most common circumstance regards an employee’s classification: if an employee is either an independent contractor or exempt. In the case of the independent contractor, they typically agree to a flat rate that is negotiated based on what the independent contractor produces. The contractor then has more autonomy regarding how and when they produce what they have agreed to, so long as they meet their deadline.
Those who are classified as exempt are still employees but also have a degree of autonomy in their position. Part of the criteria for being exempt is that you have a position that relies on you to make decisions using your own judgment. The kind of work done is also a factor and should largely be work that is intellectual, creative, or managerial in nature. The final rule is that the employee should make a salary that pays more than twice what a full-time minimum wage position would pay.
Because these classifications allow employers to avoid overtime pay, there are times when employers misclassify their employees. As an employee, you will want to make sure you are classified correctly. If you suspect that it’s possible you have been misclassified, you’ll want to speak with a San Diego, CA, Unpaid Overtime Lawyer.
What to Do if You Haven’t Been Paid Your Overtime
If you have reason to suspect that you haven’t been paid overtime that you’ve earned, then you need to follow two important steps: collect records and get help. Documents like your schedule, actual hours worked, and pay stubs will be important for building a case to recover the pay that you’ve earned. Talking with an employment lawyer can help you determine the next steps for your case. There are a few paths that can be taken to seek restitution, and a lawyer can help you determine what is appropriate for your case. The following steps offer more insight:
- Review Your Pay Records: Ensure that your overtime hours are correctly documented in your timekeeping records or timesheets. Compare your pay stubs with your recorded overtime hours to confirm that overtime pay was not included.
- Understand Overtime Regulations: Familiarize yourself with California’s overtime laws, which require that employers pay 1.5 times your regular rate for hours worked over 9 in a workday, or 40 in a workweek, and double time for hours worked over 12 in a workday or eight on the 7th consecutive day of work, as was previously explained. It is helpful to review the Fair Labor Standards Act (FLSA) and California wage and hour regulations to understand your rights regarding overtime pay.
- Communicate With Your Employer: Inform your supervisor or payroll department about the missing overtime pay as soon as possible. Provide details and evidence of the overtime hours worked, ask for the overdue overtime pay, and request a timeline for when it will be corrected.
- Comply With Internal Procedures: If the initial communication does not resolve the issue, submit a formal complaint to your HR department or through the company’s grievance process. Include all relevant documentation, such as timesheets and pay stubs. Request a formal written response or confirmation of corrective action to address the missing overtime pay.
- Speak With a Trusted Employment Lawyer: It is helpful to consult an employment lawyer who has experience with wage and hour disputes as soon as possible. This lawyer can offer advice and help you explore options for recovering unpaid overtime. They will represent you in all mediations and negotiations and in court if litigation is ultimately necessary.
- File an Official Wage Claim: If the issue goes unresolved or is not addressed fairly, file a wage claim with the California Division of Labor Standards Enforcement (DLSE). You must provide all relevant evidence of the issue, such as time records and pay stubs, when you initially file your complaint. The DLSE will review your claim and may take enforcement action if necessary.
Optimal Practices for Tracking Hours
Accurate timekeeping is essential for ensuring that employees are paid correctly and that overtime issues are managed effectively. Below are some tools and practices for tracking hours and avoiding overtime issues:
- Use of Reliable Timekeeping Systems: Reliable timekeeping systems are essential for accurately tracking hours. This could be through using digital time clocks or time-tracking software that accurately records hours worked, employee self-service portals, and even implementing mobile access to timekeeping systems for employees who work on the go.
- Implementing Clear Timekeeping Policies: By establishing clear policies outlining how employees should record their work hours, including start and end times, breaks, and overtime, clerical errors can be avoided.
- Frequent Monitoring and Reviewing of Time Records: By conducting regular audits of timekeeping records, discrepancies or patterns of potential overtime issues can be identified and proactively addressed.
- Manage Breaks and Meal Periods: It is important to not just assume that breaks and meal periods are being taken accurately; these breaks are in compliance with state and federal regulations.
- Stay Informed on Legal Changes: It is vital that employees and employers are up to date on labor laws and regulations related to overtime and timekeeping. Employers are responsible for adjusting timekeeping policies and practices to comply with any new legal requirements and practices.
FAQs
When Can I Earn Overtime in California?
Overtime in California should be paid at one and one-half times an employee’s regular pay for:
- Hours 8-12 of a shift (twice regular pay for anything beyond 12 hours)
- Hours beyond 40 in a week
- All hours worked on any consecutive day past six day
How Many Hours Between Shifts is Legal in California in 2024?
There is no required number of hours between shifts in California. So even if you are working a closing shift one night, followed by an opening shift the next morning, this does not mean that your employer is in violation of any overtime law.
What Makes an Employee Exempt From Overtime in California?
In California, an employee is exempt from overtime law if:
- They are an independent contractor
- They are paid a salary more than twice the minimum wage for a full-time position
- Their job consists of “white collar” work, such as creative, professional, or managerial work
- They regularly use their own discretion and judgment in their position
Is Anything Over 40 Hours A Week Overtime in California?
Yes, anything over 40 hours in a week is overtime and should be paid out at time and a half. The 40 hours are based on the employer’s workweek scheduling. An employee may work over 40 hours in a seven-day span and not receive overtime if the seven days crossed over two work weeks.
Get Help to Recover the Overtime You Earned
When you work overtime, you are earning extra pay above and beyond the normal rate. If you aren’t receiving that pay, you have every reason to desire to seek it out. If you think you haven’t been receiving the overtime pay you earned, contact us today. We can help investigate your situation and discuss options for how you might be able to get back what you’ve earned.
