Posted By Sirmabekian
Those employed in the Golden State often wonder can you be forced to work overtime in California? Overtime provisions are quite specific. Nonexempt workers that are eighteen and above or minors between the ages of sixteen and seventeen that aren’t required to go to school must not work for over eight hours during any workday or over forty hours within a working week unless their employee gives them 1 and 1/2 times their regular salary for every hour worked beyond eight hours.
Employers Can Enforce Overtime
Employers within the state of California have the right to mandate overtime for their employees, requiring them to work longer than the standard eight-hour period. If employees refuse, they may be subject to discipline or even termination. However, every hour they work after eight hours must be compensated at 1 and ½ times their standard pay rate.
When Should My Overtime Wages Be Rendered?
Once you’ve worked overtime, the extra wages must be included in your next scheduled payday. This means the payroll after the overtime has been performed. The only scenario where overtime may be delayed is if the hours worked were applied to a payroll week that follows one that has already been registered.
What Should You Do If Your Employer Does Not Pay You Overtime?
If your employer has not compensated you for the overtime you worked, you can contact the Division of Labor Standards Enforcement to file a claim, and you can also pursue litigation and take them to court where you’ll have the opportunity to recover the lost wages. If you’re no longer employed by them, it is still possible to receive benefits for the time required to wait for your overtime. However, it is best to speak with an employment attorney to learn more about the available options.
What Specific Damages Are Available for Wage Claims
The available damages will be determined by the level of overtime you worked along with your standard pay rate. Examples of damages include interest, penalties, and unpaid wages:
- Interest: The state law will establish its own interest rate regarding wages that are unpaid. There are also liquidated damages or specific funds which are awarded via the state rather than interest.
- Penalties: In California, employers must pay the wait time penalty that equates to thirty days’ worth of an employee’s standard pay rate.
- Unpaid wages: Employees must receive any funds they’re owed for rendered labor. This includes overtime and double time, along with standard wages. In the event that you’ve only been paid a standard rate when you should have gotten over time, you’ll be given the difference along with the amount you’ve already earned.
If you feel that you’re owed money for overtime, the first thing you’ll want to do is speak with an attorney that specializes in California law. They will help you get the money you deserve and most offer consultation which is completely free, so you don’t have to worry about spending any money upfront. They will only receive compensation once your case has been proven.