Overtime & Wage Law in California

The Law Offices of 
Devon K. Roepcke, PC
Employment Attorney - San Diego

Overtime & Wage Disputes

Overtime and Wage Law covers the breaks and overtime pay to which every employee is entitled per California Labor Law. This can sometimes be difficult to understand; however, the following is a quick breakdown of California overtime pay rules:

California Overtime Pay Rules

LABOR LAWS FOR CALIFORNIA REQUIRE THAT YOU ARE PAID OVERTIME FOR ANY TIME WORKED OVER 8 HOURS IN A DAY, AND/OR OVER 40 HOURS IN A WEEK.
Overtime in California is paid at a rate of time and a half. This means you should receive your regular hourly wage, plus 50% of your hourly wage.

For example, if you were paid the current California minimum wage of $14.00, and worked over 8 hours in a day, you would be entitled to $21.00 per hour for every hour worked over 8 hours that day or shift. ($14.00/2 = $7.00, or 50%. Add that to your regular wage of $14.00 per hour, to get the time-and-a-half rate, $21.00 per hour for your overtime rate).
If you have worked over 8 hours in one day, and/or over 40 hours in one week, and were not paid overtime, you may be entitled to recover overtime pay you were not paid during the last 1-4 years.
We can assist you if your employer refuses to pay.

California Work Breaks Rules

YOU HAVE A RIGHT UNDER LABOR LAWS TO ONE 10-MINUTE BREAK FOR EVERY 4 HOURS WORKED
If you have worked over 4 hours at any time in the last 1-4 years and were not provided a 10-minute rest break, you are entitled to one hour of pay for each missed break that fell within that 1-4 year period.
California Labor Law on breaks allows an employee to assert their rights for 2-4 years, depending on the situation. If your employer accidentally fails to give you breaks, you can make claims going back as far as 2 years. If your employer intentionally deprived you of a break or knew you were entitled to a break and did not compensate you, you can make claims going back 3-4 years, provided you did not waive your right to the break. This is a situation in which Employment Law can be complicated and confusing and when it is likely that an Employment Attorney should go to work to help you get the pay to which you are entitled.
Federal Labor Laws do not require that employees receive 10-minute rest breaks or meal breaks. However, California Labor Law differs from Federal law in that it mandates that employers provide employees a 10-minute rest break for every 4 hours worked. Much like California overtime pay rules, Federal Law entitles you to one hour of pay for every break missed.
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California Working Breaks Rules

YOU HAVE A RIGHT UNDER LABOR LAWS TO ONE 30-MINUTE MEAL BREAK FOR EVERY 5 HOURS WORKED
If you have worked over 5 hours and were not provided a meal break, you are entitled to one hour of pay for each missed meal break.
Labor laws allow you to request from your employer the compensation owed. At the Law Offices of Devon K. Roepcke, we can assist you in getting backpay if an employer refuses to pay compensation that is justly owed.
California Employment Law mandates that if an employer fails to provide an employee a meal break for hours worked over 5 hours, then that employee is entitled to one hour of pay for every missed break.
The Law Offices of Devon K. Roepcke, PC is an employment law, business law, and business litigation firm based in San Diego, California. We have built a solid reputation for our practical and honest approach to practicing law and representing our clients.

Our office offers you personalized attention in a supportive atmosphere for all employment legal needs. At the Law Offices of Devon K. Roepcke, PC, you are a valued client - not just a case number. To avoid unnecessary legal expenses and stress, we will provide you a free consultation to determine if you have a viable case. We will be honest and tell you exactly what can (and cannot) be done in your legal situation.
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Address:
Law Offices of Devon K. Roepcke, PC
170 Laurel Street
San Diego, CA 92101
Address:
Law Offices of Devon K. Roepcke, PC
170 Laurel Street
San Diego, CA 92101
PHONE:
+1 (619) 940-5357
EMAIL:
info@LawDKR.com
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The Law Offices of Devon K. Roepcke, PC – Employment Lawyers in San Diego, CA 

We serve clients throughout the San Diego Metro Area, including Chula Vista, Clairemont, Coronado, El Cajon, Imperial Beach, La Jolla, Lemon Grove, Miramar, Mission Beach, Mission Valley, Pacific Beach, Poway, Rancho Bernardo, Solana Beach, Spring Valley, and throughout California.

We are also licensed to practice law in Arizona.
DISCLAIMER: The information contained on this website is provided for your information. It is not intended to replace legal advice. The information presented on this site does not constitute an attorney-client relationship. If you need assistance interpreting any information on the website, please contact our firm.

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