At Lavi & Ebrahimian, LLP, our attorneys protect employees who have been affected by overtime violations such as:
- Misclassification as exempt when they should be nonexempt
- Not properly counting hours worked
- Miscalculating hourly wages
- Failing to acknowledge overtime worked
Overtime Requirements In California
When you work more than 40 hours in a week, your employer is required by state and federal law to pay you overtime. That means you are entitled to 1.5 times your normally hourly rate for any hours you work beyond 40. Even if you have agreed to work at a lower overtime rate, you are entitled to the full legal amount.
California law requires employers to pay nonexempt employees one and a half times the employee's regular rate of pay for all hours that employee works in excess of eight and up to 12 hours in a workday, all hours in excess of 40 hours in a workweek, or any hours up to eight on a seventh consecutive day of work in a workweek.
California law generally requires employers to pay nonexempt employees two times the employee's regular rate of pay for all hours an employee works in excess of 12 hours in a workday or any hours in excess of eight on a seventh consecutive day of work in a workweek. An employee is entitled to be paid the legal overtime pay rate even if he or she agrees to work for a lower rate.
Does My Employer Have To Pay Overtime If It Was Unauthorized?
Simply put, yes. Your employer is required to pay for any overtime, whether or not you had authorization. There may be an exception if your employer requires you to obtain authorization in advance but, in general, you are entitled to compensation if your employer knew or should have known that you were working.
Proving whether an employer knew or should have known about the work can be challenging, requiring a thorough investigation of the evidence and a strong command of the case's facts. In the course of preparing hundreds of wage and hour claims for trial, our lawyers have developed valuable experience investigating and pursuing wage and hour claims.
Call Today For A Free Consultation
To learn more and begin protecting your rights, please contact us at 310-734-0170. We serve clients in Beverly Hills and throughout the Los Angeles area.
