California pay law is more strict than federal law. California Labor Code Section 510 requires employers to pay at least one and one-half times the normal rate for time worked:
- over 8 hours in a single day,
- over 40 hours in a week, and
- the first 8 hours worked on the seventh consecutive day of the work week.
Employers must also pay double the normal rate when an employee works:
- over than 12 hours in a day, or
- over 8 hours on the seventh consecutive day of the work week.
As with federal law, California law also allows certain workers to be paid without overtime. However, many employers try to cut costs by misclassifying their employees. The decision as to whether an employee does not need overtime compensation is a decision for courts to decide, not employers. Employers may not prevent workers from collecting overtime just because they say that an employee falls into the executive, administrative, or professional worker exemptions.
Employers who fail to pay employees rightfully earned overtime are liable above and beyond the wages they fail to pay. They also are not allowed to retaliate against employees who file lawsuits against them in any way.
If your employer has failed to pay you overtime you may be eligible to a settlement or court judgment. Employers who intentionally violate California pay laws must pay the costs of bringing lawsuits and attorneys fees. Contact the California employment law attorneys at the Law Offices of Michael S. Cunningham to find out if you are eligible for an unpaid overtime lawsuit. You can schedule a free consultation today by calling (951) 213-4786.