Overtime Laws in California
Overtime laws in California exist to ensure that employers pay their employees fairly for the time they work beyond their regular hours. However, despite these legal protections, overtime violations in California occur regularly. Fortunately, California is known for its progressive labor laws, and its overtime regulations are no exception.
Hiring an experienced and compassionate California overtime violation lawyer can be essential in protecting your rights and securing the compensation you deserve. If you are a victim of an overtime violation, Bibiyan Law Group, P.C., can help walk you through your legal options, help you file a claim, and negotiate with your employer for the overtime pay you’re entitled to. Our mission is to fight for the justice you deserve. Contact us today!
What Are the California Overtime Laws?
California overtime laws are some of the strongest in the country and are more stringent than the federal Fair Labor Standards Act (FLSA), providing greater protection for employees. Specifically, California’s overtime laws mandate:
- Daily overtime for employees who work more than eight hours in a single workday;
- Weekly overtime for employees who work more than 40 hours in a workweek; and
- Overtime for employees who work seven consecutive days in a workweek.
Those same laws also mandate the following pay rates for these extra hours:
- One and one-half times the employee’s regular rate of pay for all hours over eight hours up to twelve hours in any workday and for the first eight hours worked on the seventh consecutive day of work in a workweek; or
- Double the employee’s regular pay rate for all hours worked over twelve in a workday and for all hours worked over eight on the seventh consecutive day of work in a workweek.
These rules apply to non-exempt employees, including hourly workers and some salaried employees who do not meet specific exemption criteria. However, under California law, employees such as executives, managers, administrators, professionals, and outside salespeople who perform specific duties and meet a minimum salary threshold may be exempt from overtime pay. Union employees covered by a valid collective bargaining agreement and employees in several other industries and occupations, for example, healthcare and agriculture, may also have their own special overtime rules or exceptions.
What Are Examples of Overtime Violations in California?
Unfortunately, despite California’s strict overtime laws, employers still violate employees’ overtime rights. These violations take many forms, including, but not limited to:
- Failure to pay overtime – Examples of this failure include denying workers overtime outright or insisting on “off-the-clock” work, which involves asking employees to work extra hours without recording that time on their timesheets.
- Misclassifying employees – Employers may try to classify workers as “exempt” from overtime requirements even though they are non-exempt to avoid paying them overtime.
- Failing to calculate overtime correctly – Employers may not include all forms of compensation when calculating an employee’s regular rate of pay for overtime, such as commissions, bonuses, or shift differentials, which can lead to underpayment of overtime wages.
- Illegal rounding of hours – Some employers round the hours an employee worked; for example, rounding an eight-hour and 15-minute shift down to an eight-hour shift. Under California law, employers must round time to the nearest five minutes, one-tenth, or one-quarter of an hour, and rounding must not consistently favor the employer.
- Retaliation against employees who ask for overtime – Some employers may try to fire, demote, or otherwise penalize employees who speak up about potential overtime violations or file a complaint with the California Labor Commissioner.
These are just a few examples of overtime violations. If you think your employer denied you the overtime you deserve, talk to a skilled overtime employment attorney who can explain California law and help you understand your rights.
How Do I Address Violations of Overtime Laws in California?
Employees can file a wage claim with the California Labor Commissioner’s Office, which will investigate the claim and potentially recover unpaid wages, penalties, and interest on the employee’s behalf. In addition to filing a wage claim, employees can report overtime violations to the U.S. Department of Labor (DOL), which will also investigate. Employees may also seek legal representation and file a lawsuit against their employer for unpaid overtime wages, penalties, and other damages.
Bibiyan Law Group Will Fight for You
Overtime violations in California can significantly impact employee earnings and well-being. If you suspect you are a victim of an overtime violation, the skilled employment attorneys at Bibiyan Law Group can provide invaluable legal advice, assess the merits of your case, negotiate on your behalf, maximize your compensation, and protect your rights. We know employment law well because it’s the only thing we practice. We’ve won millions of dollars for employees suffering from unlawful employment practices and will fight to obtain the resolution you deserve. Call us at 310-438-5555 to book a free phone consultation today.