California is known for having strong worker protection laws. Workers may be entitled to overtime pay for staying later at their job, giving them a higher paycheck at the end of the week — but not every employer plays by the rules or can be trusted to pay their employees fairly.
Employees should be aware of their right to overtime pay and learn how to watch their paychecks for errors (intentional or not). Here is what you should know:
How much overtime can you earn in California?
Federal overtime laws under the Fair Labor Standards Act (FSA) require overtime pay of one and one-half times an employee’s salary for working more than 40 hours in a workweek. Under California overtime laws, an employee is generally entitled to one and one-half their typical pay rate for working more than 8 hours in a single work day or for the first eight hours on the seventh consecutive work day.
Some employees consistently work overtime to complete major projects. As a result, an employee who has worked more than 12 hours in a workday can earn double their typical pay rate. Furthermore, an employee can earn double their pay rate for working more than 8 hours on the seventh consecutive day in a workweek.
It is important to note that while an employee may have worked extra, they may not be entitled to overtime pay depending upon certain factors. Contracted employees (independent contractors) or employees with certain executive, administrative or professional duties are typically exempt from overtime pay.
What if overtime pay is missing from your paycheck?
If a non-exempt employee earned overtime pay and does not see any changes to their wages, then they should address the issue with their employer first. If it were an honest mistake, the employer should have no issue correcting the error. If an employer is unwilling to make things right, however, it may be time to seek assistance. Professional legal guidance can help address wage theft issues. Reach out to the team at Schonbrun Seplow Harris Hoffman & Zeldes, LLP, if you find yourself in this situation.