Most California employees are entitled to overtime pay unless they are exempt employees, who typically work in salaried positions — who are not paid an hourly wage.
The State of California has strict overtime wage and hour laws that must be followed by employers. When they are not, either by their misunderstanding of the laws or through wage theft, it is important that they are held accountable for their oversight — or for blatantly breaking the law and withholding the proper payment from their employees who deserve it.
Federal and California Laws Support Overtime Pay Requirements
If you are paid an hourly wage as a nonexempt employee, your employer is required by the Federal Fair Labor Standards Act, and the local California Labor Code section 510 that requires the following overtime pay rates.
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- times the existing pay rate for employees who work:
- More than eight (8) hours in a workday
- More than forty (40) non-overtime hours in a work week
- Or who work on a seventh consecutive day in any work week
Double, or two times the existing pay rate for employees who work:
- More than twelve (12) hours in a single work day
- More than eight (8) hours on the seventh consecutive day in a work week
Do I Still Get Paid for Overtime Hours If They Were Not Authorized by a Supervisor?
The California Department of Industrial Relations states that all employers must pay qualifying employees overtime for the hours they have worked beyond their regularly scheduled 40 hour workweek — whether the hours were authorized or not.
The employer may discipline the employee for working unauthorized hours, but they cannot withhold the pay for the hours worked.
What If The Pay for My Overtime Hours Do Not Appear on My Paycheck?
The law allows for overtime pay to be delayed until the next following payroll period, until the next payday. All regular wages, or straight time wages, must be paid within the pay period they were earned.
If they do not appear on the following paycheck, you have a case against your employer, and we will lead the way in pursuing your legal options.
What Happens If My Employer Does Not Pay My Overtime Wages?
If you are not paid the overtime wages you deserve, contact our California employment law attorney today at (714) 831-5342 to discuss your wage and hour compensation and pursue the money you are rightfully owed.
I Am Afraid My Employer Will Retaliate Against Me If I Speak Up About Unpaid Wages
If you are afraid of your employer, or believe that you will be retaliated against for pursuing the wages you are owed, either through discipline, demotion, or job loss, our discrimination attorney will provide the assurance you need to take a stand. Not only is it illegal to deny your overtime pay, but it is also unlawful to retaliate against an employee for speaking out against illegal behavior. Contact our California employer retaliation lawyer today at (714) 831-5342 to pursue the best outcome available for your overtime pay case.
