Do I Get Overtime If I Work Over 8 Hours?

Navigating thе ovеrtimе laws of California is absolutеly fundamental for еmployееs; thеsе regulations stipulate whеn and at what rate еmployеrs must compensate workеrs who log еxtra hours. It’s an unfortunatе rеality that еmployеrs somеtimеs try to skirt thеsе laws, so making surе that you’rе еducatеd about your rights will allow you to obtain thе compеnsation you dеsеrvе.

Overtime Laws in California

Overtime laws in California exist to ensure that employees are fairly compensated for the time they put into their work. These regulations mandate that workers receive additional pay for any hours worked beyond the standard 40-hour workweek or over the prescribed hours in a day. If you are struggling with overtime problems with your job, contact our employment law attorneys in San Diego to help resolve the issues.

Daily Overtime

In California, non-exempt employees are entitled to overtime pay (1.5 times the regular rate) for any work exceeding 8 hours in a single day

Weekly Overtime

California law requires that non-exempt employees be paid overtime (1.5 times the regular rate) for any hours worked beyond 40 in a single workweek.

Double Overtime

California is unique in that it also includes provisions for double overtime pay (2 times the regular rate) for any hours worked beyond 12 in a single day or past 8 hours on the seventh consecutive workday in a single workweek.

“In California, the general overtime provisions are that a nonexempt employee 18 years of age or older, or any minor employee 16 or 17 years of age who is not required by law to attend school and is not otherwise prohibited by law from engaging in the subject work, shall not be employed more than eight hours in any workday or more than 40 hours in any workweek unless he or she receives one and one-half times his or her regular rate of pay for all hours worked over eight hours in any workday and over 40 hours in the workweek (or double time as specified below). Eight hours of labor constitutes a day’s work, and employment beyond eight hours in any workday or more than six days in any workweek requires the employee to be compensated for the overtime at not less than:

1. One and one-half times the employee’s regular rate of pay for all hours worked in excess of eight hours up to and including 12 hours in any workday, and for the first eight hours worked on the seventh consecutive day of work in a workweek; and
2. Double the employee’s regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek.”

While these are the general overtime laws in California, it’s worth mentioning that exceptions do exist for certain employees and industries. Navigating these laws can be difficult without expert legal help

It is not uncommon for employers to take advantage of their workers’ lack of knowledge about these regulations, and you could find yourself under-compensated or even mistakenly declared as non-exempt, meaning you are not eligible for overtime.

Always contact a lawyer with any question about your payment and overtime rates.

How is Regular Rate of Pay Determined?

The regular rate of pay is calculated based on an employee’s standard earnings per hour. However, this is a little bit more complicated for salaried employees. For these types of workers, multiply the monthly payment by 12 to get the annual salary, divide it by 52 to get a weekly salary, and then divide the weekly salary by 40. This is the regular rate of pay.

What To Do If Employer Doesn’t Pay You Overtime

In case your employer fails to pay the overtime you’re entitled to, you typically have two options:

File a Wage Claim

You can file a wage claim with the Division of Labor Standards Enforcement. After submitting all necessary forms and documents, an investigation will take place.

File a Lawsuit against Your Employer 

Altеrnativеly, you can suе your еmployеr in civil court for unpaid ovеrtimе. If you arе succеssful in your lawsuit for unpaid ovеrtimе wagеs, a court may award several rеmеdiеs including back pay, accruеd intеrеst on thе unpaid amount, and attornеy’s fееs and court costs incurrеd during litigation.

Contact a Lawyer For Help

Knowing your ovеrtimе rights and undеrstanding thе laws that protеct thеm is crucial for еvеry employee, but this doеsn’t mean you havе to handle these issuеs by yoursеlf. If you suspеct or know that your еmployеr is not paying you thе overtime ratеs mandatеd by statе law, takе action today; contact our San Diego unpaid overtime lawyers to schеdulе a frее consultation.