OVERTIME

California Labor Code § 510 requires overtime pay and double-time pay for non-exempt employees.

Employers in California are prohibited from avoiding overtime obligations by mandating or coercing employees to work without recording their hours.

Time and a Half Overtime

Employers must pay non-exempt employees “time and a half” overtime when you:

  • work more than 8 hours in one workday

  • work more than 40 hours in one workweek

  • first 8 hours of work on the 6ᵗʰ day of a workweek

Double Time Overtime

California law requires employers to pay non-exempt employees “double time” overtime for:

  • any work in excess of 12 hours in one workday

  • any work in excess of 8 hours on the 7ᵗʰ of a workweek.

What are My Options if My Employer Violates Wage or Hour Laws?

If your employer violates California wage and hour laws by failing to pay you the minimum wage, failing to pay required overtime or failing to provide meal and rest breaks, then you have the right to sue under the California Labor Code.

In California, you’re allowed to collect the following:

  • Unpaid balance of the minimum wage or overtime compensation that the employee has not received,

  • Back pay and back wages,

  • Interest on those amounts,

  • Reasonable attorney's fees and litigation costs.

Employees whose employers do not provide meal or rest breaks as required by law in California are entitled to receive one hour’s pay at their regular rate for each workday on which a required break was not provided to them.

Wage and Hour Class Actions in California

It is common for employees to assert their rights under California wage and hour law by joining in a “Class Action Lawsuit.”

In a class action lawsuit, a large number of employees whose rights under the California Labor Code have been violated will join together to sue their employer with the help of a California employment attorney with class action experience.

One of the main benefits of a class action lawsuit is that it makes it easier for employees to afford a lawyer.

Large employers often find class actions more threatening than a lawsuit by an individual employee. For that reason, defendant employers are more likely to agree to a settlement with a class suit--which saves you the time and hassle of taking a case to trial.