Overtime Violations

Overview of Overtime Laws in California

Overtime laws were created to encourage employers to reduce the number of work hours, to hire more people, and to compensate employees for working long hours. Overtime laws also spread employment throughout the workforce by financially pressuring the employer to hire more employees. Finally, these laws protect employees from being overworked and from being taken advantage of by their employers.

Normally employers are more powerful and have leverage with their employees because they could always replace an employee. However, it could be much more difficult for an employee to get a job that is identical in both type and pay.

Therefore, DBY Law is ready to balance this inequality in the employment relationship and to represent its clients so they get what they deserve under the law. Similar to minimum wage laws, employers cannot make employees waive overtime pay, even by a written contract (such contracts are void). Call us today at (213) 316-8844 for a free consultation.

When are Employees Entitled to Receive Overtime Pay in California?

Employers must payone and a half times an employee’s regular rate (50% more) if:

  •      The employee works more than 40 hours per week
  •      The employee works 8+ hours per day
  •      The employee works for more than 6 days in any workweek (the first 8 hours worked on the seventh day of work in a given workweek).

For example, an employee who works 10 hours a day, 4 days a week (40 hours a week), is entitled to 2 hours overtime for each day on which he/she works more than 8 hours.

Employers must pay double the employee’s regular rate (100% more) if:

  •      The employee works 12+ hours per day
  •      The hours worked 8+ hours on any seventh day of a workweek

A “workweek” means any seven consecutive days, starting with the same calendar day each week.

Employees in California are not entitled to overtime pay on holidays by law, but certain employers may have such a company policy.

If your employer does not pay you the appropriate compensation for overtime hours worked, or you did not get compensated for working overtime in the past, or even if you were asked to clock out and to continue working, do not just let it go. You have rights and therefore could get money compensation for what you deserve under the law. Call the firm at (213) 316-8844 for a free consultation.