California employees may bring wage claims for unpaid overtime. Here are the basics. Remember, many exemptions and exceptions apply to overtime wage claims, so you may want to check with a California overtime wage claim lawyer to make sure you are entitled to be paid overtime wages.
Overtime is any work over 8 hours in one day or 40 hours in one week. If an employee works all seven days in one work week, he or she must be paid overtime for the first eight hours of work on the seventh day.
Overtime must be paid at the rate of 1.5 times a worker’s “regular” rate of pay. Broadly speaking, an employee’s regular rate is his or her normal hourly rate. However, the regular rate can be higher in some circumstances.
Doubletime violations are rare in comparison. Doubletime is defined as work over 12 hours in one day and any work performed in excess of 8 on the seventh day for the employee who works all seven days in one work week. Doubletime is 2.0 times a worker’s regular rate of pay.
Typically, an employee may collect unpaid overtime or doubletime going back three years from the date his or her lawsuit is filed. However, it may be possible to go back as many as four years.
Full-time Worker works an average of five overtime hours per week. He has been employed with the same company for six years. His regular rate of pay is $18. Based on this information, his employer would owe him $28,080, plus interest, additional penalties, and attorney fees.
Contact Strauss Law Group and Palay Law Firm now for a free overtime wage claim case evaluation. We will walk you through the process of filing a wage claim, and we give you the choice of filing your wage claim in court or with the Labor Commissioner/Labor Board.
Our approach for unpaid overtime wage claims is to get you as much as possible in a quick, efficient manner. That starts with doing a full evaluation of your overtime wage claim case. We take all the documents you have in your possession that show the overtime hours you worked (and were not paid) and compile our best estimate for what you are owed in unpaid overtime wages. We then fight for you to get that overtime money back, even if it means going all the way.
If you want to learn more about California Overtime Law and the overtime wage claim process, visit our California overtime wage claim FAQ section. Or, better yet, contact us now for a free case evaluation. Call us at (877) 641-9992.