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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.

I’m Owed Overtime, What Can I Do? If you think you are owed unpaid overtime, you can hire an experienced wage claim attorney to represent you. We take unpaid overtime cases all over California. And we only get paid if we win your case. Contact us now.

California Overtime Law Explanation

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.

How Long Do I Have to File My Claim for Unpaid Overtime?

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.

Example:
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.

Where do I start with my Overtime Wage Claim?

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.

What is Your Approach to Overtime Wage Claims?

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.

More Questions?

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.

4 comments

  1. Confidential

    What do I need to show that I worked overtime and doubletime with out getting paid for it… I did work reports and on the bottom of the reports I would put from what hour I started to what hour I ended… But sometimes they would cut my hours and only pay me the hours the company wanted…

    1. The very best proof of hours worked is always going to be a document or documents that reflect time in and time out. Other proof that can be used to establish hours worked would include testimony of the employee or other employees or, best yet, of the employer itself. Give us a call to evaluate your specific claims.

  2. Confidential

    My employer denies overtime after 8 if the emp didn’t work more than 40 hours per week, I think the labor law rule is 8 OR over 40. This is an ongoing argument with our HR.

    1. Overtime is owed for all hours in excess of 8 in a day OR over 40 in a week. If you work 10 hours one day but less than 40 in a week, your employer would owe you two hours of overtime for the 10-hour day.

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