What You Need to Know About California Overtime Laws

It can be helpful for California employees to understand the major facets of California overtime laws to be able to recognize violations of overtime rules in the workplace—and seek subsequent compensation.

California Overtime Laws

California overtime laws require that, if employees work more than 40 hours per week or more than eight hours in a day, they are compensated with overtime pay. Overtime pay should be one and a half times that of regular work wages.

In the majority of cases, California overtime laws require companies to pay their employees overtime wages. However, certain employees are considered exempt. In some cases, a company may attempt to classify an employee as exempt from overtime pay when they should actually be non-exempt.

Under California overtime laws, companies must pay overtime wages for any overtime work performed, even if it is unauthorized (for example, employees clocking out late without their employer’s permission or request). While companies can discipline employees for violating company policy regarding overtime work, they must still pay these overtime wages.

There is a common misconception that only hourly employees are subject to California overtime laws. In fact, salaried employees can also be paid overtime in some cases. Salaried employees exempt through the Industrial Welfare Commission Wage Orders are not eligible for overtime pay, but others may be entitled to overtime based on an hourly wage.

Employees who fail to receive their rightful overtime payments from their employers may file a wage claim, or file an overtime lawsuit for lost wages. If you choose to file a wage claim, you will file with a Division of Labor Standards Enforcement office. A Deputy Labor Commissioner will determine how to address your claim.

Some employees may be nervous when speaking up about violations of California overtime laws. There are laws in place to protect workers from retaliation. If an employer reacts negatively to an employee’s filing a wage claim over their unpaid overtime habits, the employee may have grounds for a discrimination/retaliation complaint with the Labor Commissioner’s Office.

In California, there are penalties for failure to satisfy wage and hour laws. Such laws cover underpayment or unpaid wages, paying wages with insufficient funds, failure to provide meal or rest breaks, failure to provide one day’s rest in seven, failure to pay wages timely upon termination, and unlawful deduction of wages.

Filing a California Wage and Hour Claim

Generally, California wage and hour lawsuits may be filed within three years from the date that the claim arose. (Some penalties, however, are subject to a deadline of one year.) Wage claims can be filed with a local office of the Division of Labor Standards Enforcement (DLSE). Included in the file should be as much information and documentation as possible. This includes the name, location, and method of doing business with the employer, as well as any other documents which support the claim.

If you or someone you know has suffered from violations of California overtime laws or other wage and hour violations, you may be able to file a California wage and hour lawsuit.

Join a Free California Wage & Hour Class Action Lawsuit Investigation

If you were forced to work off the clock or without overtime pay within the past 3 years in California, you have rights – and you don’t have to take on the company alone.

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