As an employee, if you are working off the clock outside of your set paid hours, you must be paid more for those overtime hours. Not only should you be compensated for your overtime hours, but you should also be compensated at a rate higher than your regular pay. Each state has different laws governing how much and when to pay employees for overtime.
California Overtime Rules
According to the California Department of Industrial Relations, the general overtime provisions are that an employee shall not be employed more than eight hours during any workday and more than 40 hours during any workweek. Unless, the employee receives one and one-half times their regular rate of pay for all hours worked beyond eight a day or 40 a week or the employee is paid double time.
In other words, if an employee is working more than eight hours a day or 40 hours a week, they are entitled to be compensated for overtime hours at either:
- One and one-half times the employee’s regular rate of pay for all hours worked in excess of 8 hours, or
- Double the employee’s regular rate of pay for all hours worked in excess of 12 hours
However, the overtime laws in California only apply to non-exempt employees. This means that the overtime pay does not apply to certain types or groups of employees. Most “white collar” or professional jobs are exempt. Some examples of exempt employees include:
- Outside Salespersons
- Lawyers
- Student Nurses
- Airline Employees
- Actors/Actresses
Get Paid What You Deserve!
Many Americans work outside of their designated work times and many employers take advantage of their employees by not paying them for the work they are doing off the clock. If your employer is making you attend meetings or trainings outside of work or requiring to respond or answer emails outside of work, you should be getting paid for those hours. Additionally, if they are pushing your work hours into overtime, you should be getting paid overtime for those hours.
It is a violation for employers to fail to pay their employees for their overtime hours worked. If you believe your employee rights have been violated, it’s essential to your case to speak to an attorney. An attorney can also help you find other employees that have had their rights violated to build a stronger case. Oftentimes, employees are fighting against major employers, a class action lawsuit is much more likely to prevail a greater settlement for everyone affected. A class action lawsuit can also ensure employers are being held liable for their conduct.
Call the Hariri Law Group 619-363-2889 for a free consultation. Our experienced attorneys will discuss your rights and the money damages you may be entitled to.
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