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  • Writer's pictureCorey Hall

Failure to pay overtime: a common labor violation in California.

Updated: Jan 16

As an employee working in California, you are entitled to certain legal protections granted by the law. Unfortunately, there are a lot of employers that violate these laws either through ignorance or just plain malice.

What are common wage and hour violations in California?

  • Failing to pay overtime

  • Failing to provide meal or rest breaks

  • Failing to pay minimum wage

  • Misclassification as an exempt employee

  • Misclassification as an independent contractor

We’re going to go over failure to pay overtime and how you can definitively know if you are owed overtime pay.

How do I know if I’m owed overtime in California?

If you’re a non-exempt employee, you are entitled to time and a half overtime pay for any work that you do over 8 hours in a single workday, or for any work performed over 40 hours in a single workweek. You’ll also receive time and a half overtime pay for the first 8 hours worked on the seventh day of the work week. If you're an exempt employee, then this doesn't apply to you.

How do I know if I’m owed double time overtime in California?

You’re also entitled to double time overtime pay for any work that you do over twelve hours in a single workday, or any work over eight hours of the seventh day of the work week.

Exemptions and Exceptions

Exemptions to overtime pay

California labor laws dictate that overtime rules and regulations do not apply to employees classified as “exempt.”

A common exemption is the Administrative Exemption. Employees that can be classified into this category if they satisfy the following:

  1. Perform non-manual work directly related to management policies or general business operations.

  2. Customarily and regularly exercise discretion and independent judgment

  3. Earn a monthly salary equivalent to no less than two times the state minimum wage.

What is the current minimum annual salary for an exempt employee?

As of Jan 1, 2023 the minimum salary for an exempt employee in California is $64,480. This applies to employers with either 25 or more employees or 25 or fewer employees.

Exceptions to the 8 hour work day

There is an exception to “time and a half” overtime pay for any work that you do over eight hours in a single workday. The exception applies when you work an agreed upon alternative workweek schedule. A common alternative workweek schedule is agreeing to work 10 hour days for 4 days a week (a total of 40 hours).

What can I do if I think I’m owed overtime in California?

If you think that your employer violated wage and hour laws, we can help you file a lawsuit to recover what you are owed. We will fight for the wages that you have earned.

Reach out to us by clicking here

Or call us now at (949) 203-1682

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