Overtime Wage Violations

Overtime Pay Rates

In California, most employees working in most industries are entitled to overtime
pay at the following rates:

• All hours over 8 in a workday – one-and-a-half times (1.5x) the regular hourly rate of pay
• All hours over 12 in a workday – two times (2x) the regular hourly rate of pay
• All hours over 40 in a workweek – one-and-a-half times (1.5x) the regular hourly rate of pay
• For first 8 hours on the 7th consecutive working day in a workweek – one-and-a-half times (1.5x) regular hourly rate of pay
• After 8 hours on the 7th consecutive day worked in a workweek – two times (2x) the regular hourly rate of pay

Definition of a Workday/Workweek

A “workday” is defined as a consecutive 24-hour period beginning and ending at the same time each calendar day. The employer is free to define the time at which the workday begins and ends, and may also specify different workdays for different employees. If an employer does not specify a workday, the default workday begins and ends at midnight.

A “workweek” is defined as any seven consecutive 24-hour periods, beginning on the same calendar day each week, and starting at any time during that day. The employer is free to define when the workweek begins and ends, and may also specify different workdays for different employees. If an employer does not specify a workweek, the default workweek is from 12:01 Sunday to midnight the following Saturday.

Once the workday or workweek is established, the employer cannot change the workday or workweek unless that change is intended to be permanent and it is not designed to avoid overtime obligations.

“No Overtime Rules“

An employer can institute a “no overtime” rule. However the employer must pay the employee for any overtime worked if the employee needed to work extra time to complete the tasks. Ultimately, the employer is allowed to discipline the employee for working extra time, but cannot refuse to pay the employee for time already worked.

If you have been treated unfairly at work or suspect an overtime pay violation or a deliberate overtime wage error by your employer, our firm has an extensive background assisting individuals who have faced violations with overtime pay.  Please contact us at 415.296.8420 for help and assistance.  We aslo provide some FREE information below with articles explaining the overtime pay laws in California.

• "Comp Time" Instead of Overtime in California - Is this Legal?
• Alternative Workweek Instead of Overtime
• Certain Employees Are Exempt from Overtime Pay and Wage & Hour Laws
• Deductions from An Employee's Pay Check - General Prohibition against Employer "Self Help"
• When Must an Employer Pay an Employee His Final Wages?  What Are the Consequences if an Employer Is Late?
• Wages Must Be Paid in Money and What if the Employee Disputes the Amount Owed?
• California Law on When Employees Must Be Paid
• California Employers Must Reimburse Expenses and Indemnify Employees for Work-Related Losses