Have you been denied overtime pay for working more than 8 hours in a day or 40 hours in a week?
Under California law, if you are a non-exempt employee, by law your employer is required to pay you overtime pay if you work more than 8 hours in a day or more than 40 hours in a workweek. If work is required seven days in a row (and any additional days after that), the employee is entitled to overtime pay. Overtime pay is broken up into two different categories
- Category 1 is for any hours you work between 8 and 12 hours in a workday or up to 8 hours in the seventh day you work. In this category, your employer is required by law to pay you one and a half (1.5) times your regular rate of pay.
This means that if you are earning $10 an hour and your employer asks or requires you to work more than 8 hours in a day (but less than 12 hours), he or she must pay you $15 per hour for every hour you work past the first 8 hours
- Category 2 is for any work you do over 12 hours in a workday and any hours over 8 on the seventh day of work in a workweek. In this category, you are entitled to double your regular rate of pay.
This means if you are earning $10 an hour and your employer asks you to work a 14 hour day because a big order just came in; you will be paid $10 per hour for hours 1 to 8, then $15 per hour for hours 9 to 12 and $20 per hour for hours 13 to 14. These hours will also count toward your 40 hour per week total, which will entitle you to overtime for any hours worked over 40 in the same workweek, regardless of how many hours you worked each day.
It is important to remember that there are a number of exemptions to this overtime law; as a result, it is important to talk to an experienced employment law attorney about your specific situation if you have been wrongfully denied overtime pay.
I am happy to help you with your questions about overtime pay in California and offer free, no obligation consultations to people who need assistance with employment law cases. Don’t hesitate to contact me; if you have a question, I am here to help!