Ferraro Vega Employment Lawyers backs California workers who have been robbed of the overtime they’ve put in extra hours to earn. The refusal to pay overtime goes against state and federal labor laws. If this has happened to you and you want to know how to hold your employer financially accountable, contact us today for a free consultation.
When Am I Owed Overtime Pay in California?
Qualifying California workers are guaranteed overtime pay after working a certain number of hours over a certain number of days. This guarantee now extends to many agricultural workers who used to fall under other guidelines.
California labor laws explain when employees should be getting overtime rates for the hours they put in.
California’s Labor Code – LAB § 510
“(a) Eight hours of labor constitutes a day’s work. Any work in excess of eight hours in one workday and any work in excess of 40 hours in any one workweek and the first eight hours worked on the seventh day of work in any one workweek shall be compensated at the rate of no less than one and one-half times the regular rate of pay for an employee…”
California employees who are on the job for over eight hours in a day (up to 12 hours) should be paid one and a half times their normal wage for the additional time. This is also the pay rate for those who work beyond five days in a week.
Double Overtime: California also ensures that qualifying workers get double pay in certain situations. Employees get double overtime pay (double their normal rate) in these situations:
- Double pay for anyone who works past 12 hours in a workday
- Double pay for any hours worked beyond eight on the seventh consecutive day of work
For more information on who is covered by this labor code and who may be under different regulations, visit our page on when California employers must pay overtime.
How Do I Know if an Employment Lawyer Can Help Me Earn More?
If your overtime claim only involves a few pay periods and the overtime wages owed won’t total to a large amount, you may not need a lawyer’s help. If your employers appear to be trying to fix the issue, you can probably wait for a resolution without involving a lawyer.
But when the amounts grow and more and more employees are having the same issue, it’s a good time to speak to a California Unpaid Wage Lawyer.
You may benefit from a lawyer’s help if these are factors in your case:
- If your missing overtime pay adds up to a lot of money
- If your case is complex
- If your case requires a lot of investigative work
- If coworkers are having the same paycheck issues
- If your employer refers you to corporate lawyers
- If your employer will be fighting your claim
Ferraro Vega Employment Lawyers stands a good chance of earning you back the money you are owed and then some. In some cases, you’ll receive double what you were owed in overtime. This additional award can occur when it’s discovered that an employer purposely withheld overtime pay from its employees. But the benefits of having a lawyer don’t end at getting your back pay.
Your lawyer will also serve as strong protection during the claims process once you’ve decided to speak up for what’s fair. Your company may threaten you with a firing or a demotion simply to keep you quiet. This is against the law, and your lawyer can report the employer and help you file a lawsuit if this type of behavior occurs.
Frequently Asked Questions
Are salaried workers in California eligible for overtime?
Some salaried employees are exempt from overtime pay and wouldn’t receive the benefits of overtime work. Other salaried employees are granted overtime pay under either the California Labor Code, the Industrial Welfare Commission Wage Orders, or state or federal laws.
Can I get paid for overtime if it wasn’t authorized?
As long as you didn’t try to hide the fact that you were working overtime, you would still be owed overtime compensation. California companies are still required to reimburse your qualifying overtime hours, even if your employer didn’t authorize the additional time. The California Department of Industrial Relations (DIR) explains that employers can discipline employees for breaking policy by not getting overtime approved, but they’d still be liable for the overtime wages.
When should I be paid for my overtime in California?
LAB § 204 states that employers must pay owed overtime wages in the next pay period from the time when the employee completed the work.
Contact a California Unpaid Overtime Lawyer Today
If your employer isn’t reimbursing you for some or any of your overtime hours, you have legal rights that need to be protected. At Ferraro Vega Employment Lawyers, we’re here to help you make sure you get paid. We take up the fight until you receive what you are owed. We help all workers across California get the unpaid wages they are owed.
At the same time, we safeguard your job security and shield you from any retaliation. Our team holds employers to state and U.S. labor laws every day. We will work hard to hold your employer accountable for every violation. Don’t wait–contact us today for a free, confidential consultation.