Understanding the Basics of Premium Pay in California
Under federal law, non-exempt employees must receive at least 1.5 times their regular pay for working over 40 hours a week. However, California law offers more robust protections, including the right to double-time pay in specific scenarios.
Overtime vs. Double Time
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Overtime Pay: Calculated at 1.5x the regular rate. It generally applies once an employee exceeds standard daily or weekly hour limits.
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Double-Time Pay: Calculated at 2x the regular rate. This applies when an employee works significantly beyond standard overtime thresholds.
While consulting a Los Angeles employment attorney is the best way to protect your rights, the information below will help you identify if you’ve been underpaid. If you suspect wage theft, the experienced team at Bibiyan Law Group, P.C. is ready to hold your employer accountable.
The Difference Between Double Time and Overtime Pay Standards in California
Your time is valuable, and when you dedicate more than the typical amount of hours in a workweek or workday to your employer, you might have a right to increased pay. Below, we outline when you could be entitled to overtime or double time pay.
Overtime Pay
Let’s start with the basics. California law demands that employers pay all their non-exempt employees at least 1.5 times their regular pay rate in the following situations:
- When the eligible employee works more than 8 hours in a day;
- When the eligible employee works more than 40 hours in a week; or
- When the eligible employee works more than 6 consecutive days in a week.
Suppose you are a non-exempt employee whose working hours meet one of the above overtime standards, but your employer has not given you overtime pay. In that case, your employer has committed wage theft and could be liable to pay you damages and penalties.
Double Time Pay
Double an employee’s regular pay rate for hours exceeding 12 in a workday and for hours exceeding 8 on the seventh consecutive workday.
Remember that your paychecks should include an itemized wage statement that details the wages you earned, the hours you worked, and the deductions made. Whenever you suspect your employer isn’t following California wage laws, you should bring your wage statements and work schedules to one of our knowledgeable employment attorneys to determine whether your employer owes you legal damages.
Am I Eligible for Overtime or Double Time Pay?
Not every worker is entitled to double time or overtime premiums. You must be a full-blown employee to have a right to receive these wages, and you cannot be exempt under state or federal labor laws. In general, an employee is exempt from receiving overtime or double time premiums if they have the following type of job:
- Executive position,
- Computer software job,
- Administrative position,
- State or local government job,
- Position with an immediate family member (excluding siblings),
- Regulated driving job,
- Professional position,
- High-earning position,
- Nursing position that fits within specific parameters,
- Airline job,
- Carnival ride operator position,
- Acting job,
- Commercial fishing job,
- Motion picture projection job,
- Television or radio announcer, editor, or engineer position that fits within specific parameters,
- Intellectual, creative, or managerial job,
- Personal attendant job not covered by the Domestic Worker Bill of Rights,
- Position with a national service program,
- Outside salesperson job, or
- Babysitting job (if the employee is under 18 and working in the employer’s home).
Please know that an exemption depends on whether the nature of your work fits one of the categories mentioned above and not the title your employer gave you.
What Happens When My Employer Fails to Follow California Wage Laws?
So, what are the legal consequences of overtime pay violations? And what are the legal consequences of double time pay violations? Whether you have been cheated out of double time or overtime pay, you have a right to file a lawsuit in civil court or a wage claim with the California Labor Commissioner’s Office.
If you win your legal action against your employer, you could win legal relief, such as:
- Back pay to compensate you for the difference between the pay you received and the pay you should have received; and
- Statutory penalties to compensate you for the late payment of your wages.
Our attorneys work diligently to uncover every violation an employer has committed and recover all remedies available in each client’s case.
Call Us Today
You can contact Bibiyan Law Group, P.C., today so that we can help make sure your employer pays you every penny you have earned. We have an extensive network of experienced attorneys ready to address your employment law needs. We have recovered millions of dollars on behalf of our clients and are ready to fight for you. You can reach out to us on our website or call us by phone to schedule an appointment. Hablamos Español.