Overtime pay and hours worked are critical areas of employment law that every California employee should understand. Being aware of your rights not only empowers you but also ensures that you are compensated fairly for your work.
California has some of the most comprehensive labor laws in the United States, and understanding how overtime pay and hours worked are calculated can help you protect your rights as an employee.
How Overtime Pay Works in California
California law provides employees with some of the strongest protections when it comes to overtime pay. The California Labor Code requires non-exempt employees to be paid at an overtime rate under specific conditions if they work beyond a standard schedule.
When Overtime Applies
- Daily Overtime:
- Employees working more than 8 hours in a single workday must be compensated at 1.5 times their regular pay rate.
- Employees working more than 12 hours in a single workday must be compensated at double their regular pay rate.
- Weekly Overtime:
- Any hours worked beyond 40 hours in a workweek must be paid at 1.5 times the regular rate of pay.
- Seventh Consecutive Day:
- If an employee works seven consecutive days in a workweek, they are entitled to:
- 1.5 times their regular pay rate for the first 8 hours on the seventh day.
- Double their regular pay rate for any hours worked beyond 8 hours on that same day.
Exempt vs. Non-Exempt Employees
Only non-exempt employees are eligible for overtime pay under California law. Exempt employees are typically salaried workers who meet specific criteria such as job duties and earning at least twice the minimum wage for full-time employment. Common exempt positions include executives, administrative professionals, and certain creative roles.
If you are unsure whether you are classified correctly as exempt or non-exempt, it is crucial to contact an experienced employment attorney for clarification. This way, you can ensure your employer is not misclassifying your role to avoid paying overtime.
Hours Worked and What Counts
The term "hours worked" in California has a broad definition, ensuring employees are paid for their time under a variety of circumstances. You may be entitled to payment— or overtime— for more than your traditional working hours.
Compensable Work Time
According to California law, "hours worked" includes all the time employees are under the control of their employer, as well as all the time they are suffered or permitted to work. This means compensable work time may include:
- Pre- and Post-Shift Work:
Time spent setting up equipment, cleaning up after a shift, or attending meetings outside of your scheduled hours.
- On-Call Time:
If your employer requires you to remain on-call and you are restricted from personal activities, this is generally considered compensable time.
- Training or Travel:
Work-related training, seminars, or travel for work that isn’t part of your normal commute is typically compensable.
- Meal and Rest Break Misuse:
If you are interrupted during a legally mandated meal or rest break and are unable to take it, that time must be compensated.
Work Off the Clock
Employers are prohibited from asking or allowing employees to work off the clock. Whether it’s answering emails after hours or performing additional tasks outside of a recorded shift, employees must be compensated for this time. Failure to pay for hours worked may constitute a violation of wage and hour laws.
Risks of Overtime Violations
Unfortunately, overtime pay violations in California are not uncommon. In a research by UC San Francisco and Harvard University, 41% of respondents experienced serious labor violations in 2023, including working off the clock and unpaid overtime. Some employers may intentionally or unintentionally fail to follow state laws, leaving workers unpaid or underpaid for their time.
Common Examples of Overtime Violations
- Misclassifying non-exempt employees as exempt to avoid paying overtime.
- Failing to pay for “off-the-clock” work.
- Calculating overtime pay incorrectly by excluding bonuses or commissions from the regular rate of pay.
- Denying overtime pay to employees who work unauthorized overtime.
- Failing to provide accurate wage statements reflecting overtime.
If an employer has failed in any of these areas, you have the right to take legal action to recover unpaid wages. Employers found in violation may also face penalties under California labor law.
What to Do if Your Rights Are Violated
If you believe your employer has violated your rights regarding overtime pay or hours worked, it’s essential to act quickly. Consider taking the following steps:
- Document Everything:
Keep a record of your hours worked, pay stubs, and any relevant communications with your employer about pay or scheduling.
- Communicate with Your Employer:
If possible, raise concerns with your employer or HR department to resolve the issue informally.
- File a Wage Claim:
You can file a claim with the California Division of Labor Standards Enforcement (DLSE), commonly known as the Labor Commissioner’s Office.
- Consult an Employment Attorney:
For more complex cases or if you encounter resistance from your employer, consult with an experienced employment lawyer. They can ensure you recover any unpaid wages and hold your employer accountable for their actions.
Secure Your Overtime Pay with Legal Help
Understanding and enforcing your rights under California wage and hour laws can be challenging. Employers may try to avoid overtime laws by misclassifying employees or failing to pay for all hours worked. At Law Office of Devon K. Roepcke, PC, we specialize in protecting workers' rights and holding employers accountable for wage theft and overtime pay violations.
With over a decade of employment law experience, we are dedicated to helping California employees secure the compensation they deserve. If you believe your overtime rights have been violated, our team can provide the skilled representation you need.
Contact us today at (619) 492-2444 for a professional consultation. Together, we will ensure your rights are safeguarded.