December 27, 2022
Your employer cannot dispose of your time outside of working hours. This includes any work-related activities, including training, phone calls, errands, or preparing your work area. Therefore, you may be owed a significant backpay if your employer requires you to work after hours.
# 1 Your employer denies you times for meals and breaks
According to California law, nonexempt employees are entitled to uninterrupted rest and meal times that must be free from any work obligations. If your breaks are denied or interrupted by work-related matters, including work communications, you may be due a significant additional payment for each day that you have not received the appropriate breaks.
# 2 Your Employee Denies You Overtime Pay
California is different from other states when it comes to overtime pay. The majority of employees in California are owed an overtime rate (1.5 times the regular pay rate) if they work more than 8 hours in a single workday.
You would have to work more than 40 hours in a single workweek to receive overtime pay in other states. That rule still applies in the state of California, but here you may be owed 1.5 times your regular rate if you work more than eight hours a day. Unfortunately, some employers do not follow this rule, and as a result, employees lose a lot of money and time.
If you’ve been asked to do after-hours work, have been denied uninterrupted breaks, or are not being paid for all the hours you work, it may be time to consider your legal options. At Para los Trabajadores, we can help you get the pay you are owed, as well as prevent future wage and hour violations from occurring.
Freedom of expression in the workplace
Are you owed overtime pay?
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