California employment law (and federal) overtime laws clearly state that hourly employees who work more than 40 hours per week are entitled to overtime pay. Salaried workers may also be entitled to overtime pay if they worked off-the-clock hours to meet their employer’s needs, or have been misclassified as exempt from overtime. If you have worked overtime and been denied proper pay, you have a right to make a claim against your employer. Many employees are hesitant to complain about unpaid overtime for fear of retaliation. However, the California employment law is on your side. Employers who retaliate against employees for demanding their legally entitled overtime pay are subject to harsh penalties. If your co-workers are also being unfairly treated, you may qualify for additional compensation for being the initiator of a class action lawsuit. At the Spencer Law Firm in Irvine, our experienced Orange County lawyer can assist you in setting things right. We will aggressively protect your rights and help recover damages in addition to the overtime pay that you are entitled to.
California Employment Law and Overtime Law
An employee’s right to overtime pay is governed by both federal law (the Fair Labor Standards Act), and California employment law. However, in general, California employment law is more favorable to employees than federal law and California employers must comply with whichever standard provides the most protection to employees. Specifically, California employment law requires the following:
- Overtime compensation must be paid to non-exempt employees who work more than 8 hours during any workday, or more than 40 hours during any workweek.
- For all hours worked in excess of 8 hours, up to and including 12 hours during a single workday, the employee must be paid 1 and ½ times his or her regular rate of pay.
- For all hours worked in excess of 12 hours during a single work day, the employee must be paid double his or her regular rate of pay.
- For the first 8 hours worked on the seventh consecutive day of work during a workweek, the employee must be paid 1 and ½ times his or her regular rate of pay.
- For any hours worked in excess of 8 hours on the seventh consecutive day of work during a workweek, the employee must be paid double his or her regular rate of pay.
California overtime requirements do not apply to employees that are considered “exempt.” Some examples of exempt employees are:
- executive, administrative, or professional employees under certain circumstances
- some agricultural workers
- student nurses
- members of an employer’s family
- certain retail employees receiving sales commissions
- taxicab drivers
- certain motor carrier drivers
- independent contractors
Employers often attempt to avoid the expense of paying overtime to their employees. Some of the most common examples of this include the following:
- misclassifying employees as exempt in order to avoid paying overtime
- requesting employees to work off the clock
- trading regular work hours for additional work time off the clock
- using a fluctuating or expanding workweek (agreement under which the employee is to be paid a fixed salary per week and then required to work longer hours, effectively resulting in a lower regular rate of pay)
San Clemente, California Employment Law
Employees in San Clemente must be paid overtime rates when working more than 8 hours in a day or 40 hours in a week, with limited exceptions. This includes hourly and salaried employees. If you are a salaried employee being forced to work excessive hours or an hourly employee forced to work off the clock without any additional compensation, you need the help of an experienced Orange County lawyer. If you are being told that you are an independent contractor or that you are exempt from overtime laws, contact an unpaid Orange County lawyer as soon as possible. At the Spencer Law Firm in Irvine, our seasoned Orange County lawyer can determine whether you have been wrongfully denied overtime pay and help you recover the compensation you deserve.