MALK LAW FIRM
REPRESENTING YOUR RIGHTS IN THE WORKPLACE
California Law Entitles Employees to Overtime
As a general rule, employees are entitled to 1.5 times their pay for after the 8th hour per workday, and double pay for over the 12th hour of your workday.
For example, if an employee is earning $10 per hour and works 14 hours in one day, she is entitled to $10/hr for the first 8 hours, $15/hr for the next 4 hours, and $20/hr for all hours thereafter.
Employees are also entitled to double pay when working in excess of 8 hours on the seventh consecutive day of work.
You May Still Be Owed Overtime Even If Your Employer Labels You as "Exempt" and Even If You Are Salaried
California and Federal law, not your employer, determine whether you are entitled to overtime. Although many employers label their employees as "exempt," and claim that the employees are not entitled to overtime, this is often a misclassification. Depending an a variety of factors, paralegals, certain intrastate truckers, computer professionals, and even some managers are mistakenly labeled as exempt from overtime, but are actually owed up to four years of overtime from their employers.
Don't Let Your Employer Short-Change You
In addition to mislabeling employees as exempt from overtime, employers regularly mis-calculate overtime (often times on purpose). Don't be fooled just because your pay stub has a heading entitled "overtime." Carefully review your paystub and do the math; don't let your employer cheat you out of money that you have already earned.