California Overtime Laws 2024 – What Every Worker Needs to Know

Every worker in the state has the right to be paid for their work. California’s overtime laws typically apply to workers who are paid an hourly wage who work more than 8 hours in a day or 40 hours in a week. If you work on an hourly basis, it is vital to understand these laws so you know when your employer is required to pay you overtime rates. An experienced attorney can help you understand your legal options if your employer violates California overtime laws.

Understanding the State’s Overtime Laws

Wage and hour laws in the state function on the foundation of the eight-hour workday and the 40-hour workweek for most employers. When an employee is paid an hourly rate, their employer is required to meet not only California’s minimum wage laws in determining the appropriate rate of pay for the employee but also state overtime laws, depending on whether the employee meets the requirements to receive overtime pay.

“Overtime” is time and a half, or 1.5 times the employee’s usual hourly pay rate. For example, if an employee typically earns $20 per hour at work, their overtime rate would be $30. If they qualify for double-time pay, they would be paid $40 per hour for double-time. State overtime laws specify when overtime rates and double-time rates apply for nonexempt workers. If you are not exempt from overtime, it is crucial to understand these overtime laws.

Employers will typically use a seven-day workweek or 14-day pay period to calculate overtime for their nonexempt employees. In a seven-day workweek, any hours worked past 40 hours for the seven-day workweek would qualify for overtime. However, if the employee worked more than eight hours in one day, they would need to be paid overtime for all hours worked past eight for that day, even if they do not complete 40 hours of work in the workweek.

Overtime rates can also apply once an employee has worked for seven consecutive days in a workweek. On the seventh consecutive day of work, the employee must be paid overtime for all hours worked that day for the first eight hours and then double time for all hours worked past eight hours. It is vital for employees to track their daily time worked and all work they complete during a pay period so they can quickly identify any discrepancies that might arise with their pay.

Filing an Overtime Claim

If you believe your employer has not paid you correctly or violated California overtime laws, it is worth trying to resolve the issue with your employer. Sometimes, overtime disputes can arise due to honest calculation errors or issues with time reporting systems. However, if you cannot resolve the issue with your employer, you will need to consult a wage and hour lawyer as quickly as possible.

Hennig Kramer LLP has years of experience handling overtime cases and other wage and hour disputes for clients throughout the state. We know how daunting it can be to confront your employer and the fears you may have of losing your job or facing other reprisals, but you have the right to demand fair pay for your work according to the state’s overtime laws. We can review the details of your situation and let you know how our team can help.

FAQs

Q: When Do Overtime Rates Apply?

A: In California, overtime rates can apply when an employee works more than eight hours, and up to 12 hours in a workday, more than 40 hours in a workweek, or once they begin their seventh consecutive day of work in a single workweek. If an employee works more than 12 hours in a single workday, they must be paid overtime for the eighth to 12th hour and then double time for all hours worked after 12 hours.

Q: What Employees Are Exempt From Overtime Pay?

A: Certain employees are exempt from overtime pay. These generally include employees in administrative, executive, or professional roles and are not eligible for overtime pay. However, most employees in exempt roles are paid on a salary, and many have employment contracts that stipulate their expectations from the employer in terms of how much they are expected to work per day and per workweek.

Q: What Happens if an Employer Changes My Paystub?

A: If an employer changes your paystub, it could be grounds for a wage and hour claim. Employers are required to provide all employees with complete and accurate paystubs that track hours worked, compensation, and paycheck deductions. An employer who manually adjusts a time record to avoid paying overtime to an employee breaks the law and provides the employee with an inaccurate paystub. If you suspect this has happened to you, consult an employment law attorney right away.

Q: Can I Sue My Employer for Breaking State Overtime Laws?

A: You can sue your employer for breaking California overtime laws, regardless of how much or how little pay they owe you. If you believe there has been a mistake with your pay, you should try to discuss the problem with your employer, as it may have resulted from a time reporting error or some other honest mistake. If not, you can consult a wage and hour lawyer you trust to help you determine how much missing pay you can claim from your employer.

Hennig Kramer LLP can help you resolve any situation in which an employer has violated state overtime laws. It can be difficult to assess whether there are mistakes with your paychecks, but it is possible to discover that your employer has not been paying you correctly for quite some time. Contact Hennig Kramer LLP today to schedule a free consultation with our team and learn how we can assist you with your case.