Advocating For California Employee Rights

California’s laws on overtime pay

On Behalf of | Sep 27, 2018 | Uncategorized

Employers need to pay their workers fair wages. Anyone who believes they have not received earned overtime pay may consider filing a claim with the Department of Industrial Relations

Before pursuing legal action, it is vital to remain up to date on overtime laws in the state of California. Most employees are aware they should earn one-and-a-half times pay for working more than eight hours a day or 40 hours a week. However, there are other laws that can influence the amount of money an employer should pay you. 

Do employees have to work scheduled overtime?

An employer may schedule an employee to work 50 hours a week, and under California law, the employee would have to do so. In fact, an employer could terminate employment under certain circumstances if the worker refuses. Still, the employer needs to allow the employee to take a legal number of breaks and meal times. 

What is overtime if you work at different rates?

Some employees receive different hourly wages at the same company based on the work they do. In this situation, the employer would need to pay the employee overtime based on the weighted average of the hours worked. 

Do employers have to pay unauthorized overtime?

Many businesses leave employees to their own devices and allow them to clock out when they want. In these cases, an employee may work overtime an employer did not necessarily ask for, but the employer must pay all the same. 

Can workers waive the right to overtime pay?

No matter what agreement exists between an employer and a worker, the company must provide all overtime pay in a timely manner. Additionally, these agreements will not stand up in court if the employee decides to pursue overtime pay at a later date. An employee can send in a claim even if he or she no longer works for the business in question.