In California, overtime is calculated based on the number of hours an employee works over a set period. Non-exempt employees are required to be paid overtime at 1.5 times their regular rate if they work more than eight hours in a day, more than 40 hours in a workweek, or for hours beyond the first eight on their seventh consecutive day of work.
Unfortunately, there are times when employers attempt to skirt California’s overtime laws. Seek legal help if your employer has denied your OT pay.
Consult with a Los Angeles overtime violations lawyer who is familiar with the procedural and substantive requirements of wage and hour litigation. Your attorney is prepared to provide assertive legal representation in your pursuit of compensation.
How Does Overtime Work in California?
California’s overtime laws cover daily and weekly overtime. How much an employee receives in overtime pay depends on the number of hours they work in a given day or week.
Below are details about California’s overtime rules:
- Daily overtime: You can receive 1.5 times your standard pay if you work over eight hours in a shift. If you work beyond 12 hours, you can get double time.
- Weekly overtime: On a weekly basis, you can get OT pay for all hours worked over 40. In addition, if you work more than eight hours on your seventh consecutive day of work, you can receive double time.
- Eligibility: Non-exempt hourly, piece-rate, and salaried employees can receive overtime pay.
- Employer requirements: If an employee works overtime in California, their employer is required by law to pay them for it. However, this employer can discipline the employee if they work OT without authorization.
Learn more about how OT is calculated in California and if you’re entitled to it by meeting with wage and hour violation lawyers in Los Angeles. This is an opportunity to determine whether you have grounds for an unpaid overtime claim against your employer.
For a free legal consultation, call 213-232-3128
How to Calculate Your Overtime Pay in California
Your regular rate of pay is the key factor to consider in overtime calculations in California. This rate is based on your hourly pay, commissions, and bonuses. It can be used in conjunction with a multiplier to determine what you’ll receive if you work overtime.
For example, your regular pay rate is $20 per hour, and you work 42 hours in a given week. In this situation, you will receive your regular pay for the first 40 hours of work. Beyond this, you will get paid for two hours of overtime, which will be paid at 1.5 times your regular rate. As such, the total compensation you should receive for this week will be $860.
Now, let’s look at an example in which you can get double time. Your regular pay rate is $20 per hour, and you work 45 hours in a given week and exceed 13 hours on one of your work days.
At this point, you’ll get 40 hours of pay at your regular rate, four hours of overtime at 1.5 times this rate, and one hour of OT at double the rate. Therefore, your total pay for the week will be $960.
What to Do if Your Employer Violates California’s Overtime Rules
Consult with a lawyer who has achieved notable verdicts and settlements in overtime violations cases. Your attorney will examine your case and answer any questions you have about overtime calculations in California.
If you want to take legal action against your employer, your attorney will assist you with the claims process, which consists of these steps:
- Gather evidence. Keep records of your pay stubs, written communications you’ve had with your employer about your OT pay, and other documentation to support your case.
- Discuss your OT pay request with your employer. Ask your employer for your OT pay in writing. Ideally, your employer will compensate you for your OT hours, with no further action required on your part.
- File a wage claim. Your lawyer will help you submit your claim to the California Department of Industrial Relations (DIR) to recover unpaid wages, interest, and penalties.
- Report retaliation. Tell your attorney if you are the victim of wage theft retaliation from your employer. At this point, your lawyer will help you file a retaliation complaint with the California Labor Commissioner’s Office.
Remember, if you worked beyond your standard hours, you may be eligible for overtime pay from your employer. Overtime violations attorneys will represent your interests in legal proceedings against an employer that has allegedly failed to pay the required overtime compensation.
They will allocate substantial time and resources to your case and assist you in preparing the documentation required to seek the unpaid wages and interest provided for under state employment regulations.
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The Bottom Line on How Overtime Is Calculated in the State of California
Calculating your overtime pay in California can sometimes be a hassle. Regardless, doing so is necessary if you want to be paid properly for your hours worked.
If you calculate your OT and find that your employer is withholding wages, get help from OT violations lawyers who will provide legal representation focused on the specific evidentiary and filing needs of your individual case.
Moon Law Group is a law firm committed to advocating for employees’ rights and representing workers in legal matters throughout California.
We have recovered millions of dollars for clients in complex, labor–intensive cases. Allow us to help you with your OT violations case. Contact us for more information.
Call or text 213-232-3128 or complete a Free Case Evaluation form
