Unpaid Overtime

overtime pay

Often times when employees find out that they are entitled to unpaid overtime they have a feeling of disbelief, and confusion on where to start and how to recover the money they are rightfully due from their
employer. Sometimes they will misconceptions regarding calculating unpaid wages, and what really is considered overtime. The good news for employees with respect to overtime pay laws is that the laws of this state assume that the employer and the employee do not deal on an equal footing, with the employee being in a relatively weaker bargaining
position against the evil of overwork. This section of the website will help provide answers that readers may have regarding such general issues.

What is Overtime?

In California, workers are entitled to overtime pay for work they perform in excess of maximum hours, unless they fall into one of the narrowly defined exemptions for overtime. In fact, this state is one of a few that requires overtime on both a daily and weekly basis. What this means is that work performed by an employee in excess of 8 hours in one work day, or in excess of 40 hours in one work week, along with the first 8 hours worked on the seventh consecutive day of any one workweek, must be paid at one and one-half times the employee’s regular rate of pay. Meanwhile, an employee is owed two times his/her regular rate of pay for work performed more than 12 hours in one day and any work performed more than 8 hours on the seventh consecutive day of any workweek.

  • Example 1 (computed daily): Sally’s regular rate of pay is $10 an hour. She works 9 hours in one day. She is owed one hour of overtime at $15 an hour. (1 hour)x(1.5x$10)=$15.
  • Example 2 (computed weekly): Mike’s regular rate of pay is $12 an hour. He works 8 hours a day for six consecutive days during the work week. He is owed eight hours of overtime at $18 an hour or $144.00. (8 hours)x(1.5x$12)=$144.00.

Employees Cannot Waive Their Overtime

Sometimes employers attempt to trick their employees into signing a document waiving their right to overtime. In fact, under Labor Code section 1194(a) notwithstanding any such agreement to receive less than overtime or to waive overtime entirely, an employee is entitled to recover in a civil action the unpaid balance of the full amount of overtime compensation, plus interest, and attorney fees, as well as the costs of suit.

Contact Us About Your Claim

Please note that no information on this website is meant to serve as legal advice, nor do any statements on this website establish an attorney-client relationship. If believe you have a claim and you would like to talk with an overtime lawyer, fill out our free case review form, or call 408-540-0233. Our firm works on a contingency basis, this means that you do not pay any attorney fees out of pocket, and we advance all costs. If we win then our fee will come out of the award or settlement, and if we lose you are not responsible to pay us back for any costs advance nor are you responsible to pay us any attorney fees. It’s as simple as that. To learn more about overtime law browse our menu.