Are you owed overtime pay?

If you work hourly in California, you are entitled to overtime pay when you exceed 8 hours in a single workday. Despite this, many employers challenge the legal obligation to make overtime payments to their employees. Some use complicated systems to count the hours worked to avoid paying overtime, while others lie by telling their employees that they are not entitled to overtime pay.

Overtime in California

If a worker works over eight hours in a single workday, they are entitled to 1.5 times their regular pay rate for each hour of overtime. If the shift exceeds 12 hours in a single day, the pay rate increases to 2 times the standard rate.

Similarly, California workers must be paid 1.5 times the regular rate if they come to work on a seventh consecutive day in a workweek for the first eight hours. The payment increases from the ninth hour to 2 times the regular rate.

What is your classification as an employee?

Whether or not you are entitled to overtime pay depends on how you are classified in your company (exempt or non-exempt employee). For example, if you are a manager or supervisor, you may not be due overtime pay even though your rate payment is by the hour. However, if you are paid a salary, you may be eligible for overtime pay if your total earnings are below a certain amount determined by law. Unfortunately, many employers mistakenly classify their employees as “exempt” or managerial to avoid paying overtime.

If you have questions about your eligibility for overtime pay and your rights as a worker, you should speak with an attorney specializing in employment law.