California State Law states that for every hour worked over the limit of 8 hours per day, or 40 hours per week, an employee is entitled to overtime pay. If their working day exceeds 12 hours, then they are entitled to double time. Double time also applies if an employee works for four consecutive weeks, without a day off or holiday.
As an employee, if you do not receive the wages that you are entitled to for working overtime, then you are able to file a lawsuit against your employer in order to ensure you receive the wages that are owed. If an individual is able to prove that they have worked overtime, more than eight hours in a day or forty hours within a week, they would have the right to make a claim. A claim can also be placed if the employee has worked a shift that exceeded the twelve hour limit, or has worked every day for four consecutive weeks, and has not received double time pay for the extra hours worked. The most efficient way to do this would be by contacting a lawyer who can provide the employee with the advice and support needed to make a successful overtime claim against their employer.
An employee’s wages are due every 15 days, unless otherwise stated and agreed in a contract. If an employee’s contract is terminated, all of the wages due to them must be paid prior to the date of the termination; this will include wages for their regular hours and all overtime worked. Similarly, if an employee resigns through the correct procedures, the employer has to pay the employee’s wages within 72 hours of the resignation.
There are certain professions in California where employees are exempt from receiving overtime or double pay. These roles include, but are not exclusive to, administrative or executive employees and sales roles. It also includes managers and supervisors who receive a wage more than double the minimum wage.
Prior to working out the wage owed, an employee should discuss the procedures within the workplace, in regards to wages. Some employers offer a higher rate of pay or time and a half for all extra hours worked, while others do not. It is advisable to be clear on what you should expect for working overtime within your position.
If an employee has any questions regarding their entitlement to overtime or double time, or would like place a claim against their employer for withholding wages owed, they should contact an employment lawyer who specializes in this field.
Call us now and speak directly with an employment lawyer who specializes in unpaid wages . 1-559-478-8826.
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