With so many job classifications and salary structures in California, it can be difficult to know exactly what pay you are entitled to. Especially if you aren’t familiar with U.S. labor laws, you might fall victim to an employer who doesn’t pay you for extra hours worked.
Luckily, both the federal government and the state of California have protections in place for people who work extra hours. In fact, California not only has laws for hours worked per week, but it also for extra hours worked per day.
While California has many protections in place for both resident and non-resident workers, it’s best to work with a lawyer if you feel that your labor rights were violated.
If you’re owed extra pay, the California employment law attorneys at the House of Justice can help. Call 1-800-840-8080 for a free consultation in 10 minutes or less.
What is Considered a Normal Working Day?
Across the United States, an 8-hour shift is widely considered a normal working day. Yet, many states like California go a step further to ensure that workers receive extra pay for hours worked per day as well as hours per week.
The federal government has laws in place that ensure that employees are fairly compensated for extra hours. As the U.S. Department of Labor website explains, “federal overtime provisions are contained in the Fair Labor Standards Act (FLSA) … employees covered by the Act must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay.”
The 40-hour workweek set forth by the FLSA highlights minimum standards that U.S. states must follow with labor protections. However, if you work in California, you are entitled to extra pay if you work more than 8 hours per day.
Have You Been Denied Pay for Extra Hours?
There are a few key points you can follow to understand if you are eligible or filing a wage violation claim.
According to the State of California Department of Industrial Relations website, people “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” without being properly compensated for their time.
Extra pay rates in California are as follows:
- 1.5 times your regular wage when you work more than 8 hours per day, but less than 12 hours.
- 1.5 times your regular wage for the first 8 hours worked on the 7th “consecutive day of work in a workweek.”
- 2 times your regular wage for all hours worked beyond 12 hours per day and beyond the first 8 hours worked on the 7th consecutive day in a workweek.
As long as you don’t work an exempt salaried position, you are entitled to extra pay in California. Contrary to popular belief, you are entitled to extra pay no matter what type of business you work for – including farms, restaurants, and construction companies.
Are All Employees Entitled to Extra Pay?
There are a few different classifications to understand in featuring out whether you are entitled to extra pay.
One of the key things to understand about unpaid overtime is the term “exempt.” To this end, many high-paying salaried jobs are considered exempt – meaning that employers are not required to pay extra on these jobs. Exempt employees generally make large salaries, while nonexempt employees generally work for hourly wages. That being said, all unpaid overtime violations occur with nonexempt employees.
Another thing that many people don’t realize is that unauthorized workers also qualify for labor protection in the U.S. and California. As such, your employer cannot legally deny you unpaid overtime because you are an undocumented worker. That being said, you should not avoid filing a claim out of fear that you will be discovered and deported.
How Can I Collect My Unpaid Overtime in California?
The best way to collect your unpaid overtime is to file with the California Division of Labor Standards Enforcement (DSLE). Please note, due to the complexity of filing a claim, you will want a skilled attorney on your side.
Before getting started, you should do some digging and collect relevant documents that might help back your case and prove that you worked extra hours. Potential evidence includes time sheets, work schedules, paystubs, and W2s. If you fear that your employer will dispute the case, providing any extra evidence like email correspondence can go a really long way.
For a detailed overview of the wage claim filing process, you can follow this link from the California Labor Commissioner’s office.
How Far Back Can I Claim Unpaid Overtime?
You can claim unpaid overtime for 3 years back. Needless to say, if you were working full-time for an entire 3-year period, your employer will owe you a large sum of money.
Contact the House of Justice About Wage Violations
If you’re owed extra pay, the California employment law attorneys at the House of Justice can help. We know every detail of the state’s wage and hour laws and federal regulations covering labor law. Our lawyers will get you the pay you deserve.
Contact Us for a free consultation at 1-800-840-4040.!
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