Unpaid Overtime Pay Laws

PAYMENT OF OVERTIME COMPENSATION- California and federal law both require the payment of overtime compensation to most employees who work more than 40 hours per week, and more than 8 hours per day in most industries in California.

 

Federal law exempts certain employees from overtime pay requirements, however very few employees qualify as exempt from overtime. Examples of exempt employees are doctors, lawyers, accountants, engineers, executives, high-level managers and outside salespersons.

 

Under California law, overtime pay is one and one-half (1 ½) times the employee's regular rate of pay for all hours worked over 40 hours per week. Also, overtime pay is due to all nonexempt employees for all hours worked over 8 hours per day up to and including 12 hours in any workday, and for the first 8 hours worked on the seventh consecutive day in a workweek. In addition, double the employee's regular rate of pay is due for all hours worked in excess of 12 hours in any workday, and for all hours worked in excess of 8 hours on the seventh consecutive day of work in any workweek. [IWC Wage Orders 1-2000 through 13-2000, 15-2000]

 

Employers violate the law when they pay a salary to employees that should be paid at an hourly rate of pay. Overtime pay violations also include employers who do not allow employees to report more than 40 hours per week or that require employees to work "off the clock."

 

Employers who violate the law may be required to pay:

 

wages due and owing, including base pay and overtime pay
other forms of compensation such as commissions, bonuses, benefits and vacation pay
penalties
interest
attorney's fees and costs
injunctive and declaratory relief

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