Not Getting Paid for Your Overtime In California? Here’s What You Can Do
If you’re employed for over eight hours per day or more than forty hours per week, your employer is required to pay for your overtime hours. If you are not getting paid for overtime in California, according to the California wage and hour laws, you can recover your unpaid time by filing a wage and hour lawsuit.
Non-exempt workers in California ought to be paid overtime wages if they work more than 40 hours per week. Failure to pay a worker for overtime work could be a violation of California labor law. Non-exempt employees include people who perform professional, mechanical, clerical, technical, and similar occupations, whether they are paid on a time, commission, piece rate, or different basis.
Non-exempt employees who do not have an alternate work schedule are entitled to overtime pay if they
- work more than eight (8) hours on a specific workday,
- or work for more than forty (40) hours in one workweek or,
- work for more than six (6) days during a single workweek,
- workers are entitled to 1 and half times their regular hourly rate of pay as basic overtime pay.
Overtime is calculated based on your regular rate of pay, which is the compensation you normally receive for the regular work you do. The regular rate of pay includes a variety of remuneration types, including salary, hourly earnings, piecework earnings, and commissions. The regular rate of pay must never be less than the applicable minimum wage.
If you are not getting paid for overtime in California, your employer has infringed the California wage and hour laws. You will be able to recover unpaid overtime pay by suing your employer or filing a labor board complaint.
Employer lawsuits in California for overtime violations may include:
- Non-payment of overtime for operating beyond eight hours per day;
- Failing to pay overtime pay for work surpassing forty hours per week;
- Refusing to pay overtime compensation for working more than six consecutive days;
- Asking a worker to work outside of traditional business hours;
- Demanded an employee to work throughout his or her unpaid lunch break;
- Worker misclassification as “exempt employees.”
Just because the sum of your unpaid overtime isn’t a huge amount of money, it doesn’t mean you ought to not sue your leader. Any violation of California labor laws should lead to the employer being held accountable. An employer who fails to pay a worker for all their overtime hard work could also be exploiting different workers.
Multiple employees might be subjected to not getting paid for overtime in California by their employers. This may cause a California wage and hour case lawsuit together with several claims for non-payment of overtime wages.
Within how much time should an individual file a lawsuit for non-payment of overtime, in California?
The statute of limitations for California labor wage and hour lawsuits is three years from the last date of unpaid overtime.
How much money will you get if you sue for unpaid overtime in California?
The overall price of the damage created during proceedings for non-payment of overtime is determined by the facts of the case. You can recover the subsequent in a lawsuit for unpaid overtime pay:
- The total quantity of the unpaid wages
- Interest attained on those unpaid.
- Employment lawyers’ fees
- Cost of the court
If your employer profaned federal labor laws underneath the FLSA, you may be entitled to liquidated damages up to the total value of unpaid wages, further as double damages. Thus, if you’re not getting paid for overtime in California, contact an employment attorney to assist you to fight the case.