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Unauthorized Overtime in California

Unauthorized Overtime in California

close up of man's hands while he cuts wood with a circular sat

Some employers in California expose workers to unauthorized overtime. If you have been a victim, then you need to ask for compensation. Normally, an employee is supposed to work 8 hours in a day. In a week you are supposed to work a total of 40 hours. This means that any extra hour you will work in a week or day should be paid as overtime. There are some employers who will use different tactics to avoid paying employees.

California Overtime Pay Law

If a given employer is not complying with the law concerning the employment overtime requirement, then you can look for an employment lawyer who will help you file for compensation. You can start by asking for overtime, if the employer will deny you your right, then you can proceed and ask for compensation.

Rate of overtime in California

If you work extra hours in a week, then the employer will be required to pay you one and half times more than the regular rates you are paid. For example, if you work more than 40 hours in a week, then the extra hours you will be paid one and half times more.

If you work more than 8 hours in a day, then you will be as well paid one and half times more for the extra hours which you will work. If you work seven consecutive days in a week, then you will be paid one and half times more on the extra days you will work which will be calculated on an hourly rate. If you work more than 12 hours in a day, then you will be required to have double the payment in each extra hours you will work in a day. If you work for several consecutive hours in a week, you will have double the payment in the 8th day.

Exempt & Non-Exempt Employees

There are some employees in the state of California who are exempt from overtime. They include executives, those in administrative positions and the professionals. Other employees are referred to as non-exempt. This means that they should be paid overtime.

Tricks employers use to expose employees to unauthorized overtime

-An employer requiring employees to clock out before they start cleaning

-Some employers in California will ask the employees to clock out before they start cleaning the workshop in preparation for the next day job. This is a trick which the employees use which can expose you to unauthorized overtime.

-Managers assigning work late in the day and ask you to finish by the next day morning

This is another form of exploitation. You will clock out but the requirement by your employer will force you to work overnight in your home. This will expose you to unaccounted overtime. A manager receiving work related emails is also another form of unaccounted overtime.


Photo Credit: Shutterstock/Vlad Teodor

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