Overtime


California law requires employers to pay non-exempt employees overtime for hours worked beyond the standard daily or weekly limits. Under Labor Code section 510, that's 1.5 times your regular pay after 8 hours in a day or 40 hours in a week, and double time after 12 hours in a day. Failing to pay it can entitle workers to back pay and legal action.

Punch in and out timecards for employees.

Some examples of overtime violations include:

  1. Off-the-clock work: If an employer asks you to keep working before clocking in, after clocking out, or during unpaid breaks, that time is still compensable. You cannot be required to work for free.

  2. Misclassification: If you're labeled an "independent contractor" or classified as "exempt" from overtime, but your actual job duties don't meet the legal requirements for that classification, you may still be entitled to overtime pay.

  3. Unpaid overtime rates: If you work more than 8 hours in a day or 40 hours in a week and aren't paid at the required overtime rate (typically 1.5x your regular rate, or 2x for extended hours), you may be owed back pay.

  4. Manipulated time records: If an employer edits, rounds, or alters your recorded hours to avoid paying overtime, or asks you to falsify your own timesheet, this is a violation regardless of your job title.

  5. Unpaid on-call or prep time: If you're required to be on standby, attend mandatory meetings, or complete prep/cleanup tasks off the clock, that time may count toward hours worked and owed overtime.

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