Unpaid Overtime

If you (a non-exempt employee) work over a certain amount of hours per day or a certain amount of days or hours per week, then you have the right to get paid more than your regular rate of pay, or “Overtime Pay.”

If you believe that you are not being paid the proper overtime pay, and you would like to consult with an attorney contact Abogato to see how we can help.

WHAT IS OVERTIME PAY?

Overtime Pay is payment for working more than the maximum hours or days established by California wage and hour law.

The maximum hours or maximum days are generally the following:

  • 8 hours per work day;
  • 40 hours per workweek; and
  • 6 days per workweek.

Many times employers want to avoid paying overtime.  Your employer may sometimes ask you to “clock-out” at the end of your eight (8) hour shift but may require you to work more hours.  This is not a legal practice and you may file a claim or a lawsuit against your employer for violating California wage and hour laws.

HOW MUCH IS OVERTIME PAY?

The California overtime pay rate is:

  • One and a half (1 ½) times your regular rate if you work more than the maximum hours or maximum days;
  • Two (2) times your regular rate if you work more than twelve (12) hours in one day; or
  • Two (2) times your regular rate if you work more than eight (8) hours on the seventh consecutive day of work in a workweek.

As of January 1, 2017, the California minimum wage is $10.00 per hour for employers with 25 employees or less and $10.50 per hour for employers with 26 employees or more, and it is higher in certain California cities.  This means that the minimum “one-and-a-half (1 ½) times the regular rate” is no less than $15.00 per hour (or $15.75 per hour for employers with 26 employees or more) and the “two (2) times the regular rate” is no less than $20.00 per hour (or $21.00 per hour for employers with 26 employees or more).  These rates increase as your “regular rate” increases.

CAN I WAIVE MY OVERTIME PAY?

No.  You cannot waive the right to receive overtime pay.  It does not matter if you are forced to work overtime or you volunteer to work overtime.  You should get Overtime Pay for the overtime work you perform.

WHAT IF I AM NOT GETTING PAID FOR MY OVERTIME?

Unless you deliberately hide your overtime work, your employer is generally required to pay you at the overtime rate for any overtime hours you work.

I you don’t get paid for your overtime, you may be able to file a claim or a lawsuit against your employer and seek reimbursement.

DO ALL WORKERS HAVE A RIGHT TO OVERTIME?

Most workers in California have the right to overtime pay but there are exceptions.  For instance,  “administrators”, “professional actors”, and “taxicab drivers” are all examples of employees in California that may not be subject to the same rules as non-exempt California employees.

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