Overtime Disputes

OVERTIME

When is an employee entitled to overtime in California?

Non-exempt employees must be paid overtime if they work more than 8 hours in a single day, 40 hours in a week, or seven days in a workweek.

Under California law, non-exempt employees are entitled to receive overtime at the rate of 1.5 times their regular rate if they work more than 8 hours in a day or 40 hours in a week. Non-exempt employees who work more than 12 hours in one day are entitled to receive compensation at the rate of 2 times their regular rate of pay.

How can I determine if I am an exempt or non-exempt employee?

The determination of whether an employee is an exempt or non-exempt employee involves a number of different factors and often involves complex analysis. Under California law, employees might be considered exempt as to certain labor code provisions, such as overtime, but not for the purposes of meal/rest periods.

The fact that your employer tells an employee that they are exempt does not necessarily mean that the employee is in fact exempt for the purposes of overtime or meal/rest periods in California. If you have questions regarding your exempt status, you should contact the Employee Advocates at Winston Law Group, P.C.

What if my employer never authorized me to work Overtime?

Employers must pay employees for all hours worked. An employee’s entitlement to overtime does not depend upon whether the employer authorized the employee to work overtime.

What if I wasn’t paid for all of my overtime hours?

An employee who is not paid for all of their overtime hours may be able to bring an action to recover lost wages and additional penalties. Typically, employees who are not paid for all hours worked in California can recover penalties for their employer’s failure to pay the employee for all hours worked, the late payment of wages, and may be able to recover penalties for failing to provide accurate itemized wage statements or paystubs.

How do I calculate my overtime rate?

An employee’s overtime rate is determined by what’s called the regular rate of compensation. The regular rate of compensation includes not only the employee’s base rate, but also other forms of compensation including commissions, non-discretionary bonuses, and piece-rates among others. For a non-exempt employee paid on a salary basis the base rate is 1/40th of the employees’ weekly salary.

If an employer uses the lump-sum payment method, the amount provided to the employee must be sufficient to reimburse employees for the actual expenses incurred. An employer’s failure to properly reimburse an employee for expenses may also result in a minimum wage violation.

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