Helping Employees Resolve Overtime Pay Disputes

Generally speaking, employees in California are required to be paid overtime if working longer than eight hours in a day, or if working more than 40 hours in a workweek. Overtime pay is 1.5 times an employee's regular hourly rate. It is important to keep in mind that there are numerous exceptions to the overtime law, and it is important to consult with a qualified lawyer to determine whether you are entitled to receive overtime pay.

At The Law Offices of Scott A. Miller, APC, our attorneys have extensive experience helping workers resolve overtime pay disputes. Our past work includes representing scores of employees in class action lawsuits. If you believe that you are owed overtime, call us at 888-343-3455 to schedule a consultation.

General Rules Governing Overtime In California

In general, workers in California are entitled to time-and-a-half for all hours worked in excess of eight hours, up to and including 12 hours on any given workday, and for the first eight hours worked on the seventh consecutive day of a workweek.

Workers are entitled to twice their regular hourly rate, or double time, for all hours worked in excess of 12 hours in a workday and for all hours worked in excess of eight hours on the seventh consecutive day of a workweek.

Overtime Pay Examples

The following are some examples of when an employee may expect to be paid overtime:

A clerk whose regular hourly rate is $15 per hour: If this clerk puts in a 10-hour workday, he or she would be paid $15 per hour for the first eight hours, then time-and-a-half, or $22.50 per hour, for the last two hours of the shift.

A technician whose regular hourly rate is $20 per hour: If this technician works for seven days in a row, his or her pay would be set at time-and-half, or $30 per hour, for all hours worked on the seventh day.

A sales representative whose regular hourly rate is $12 per hour: If this sales representative worked 13 hours in a day, he or she would be paid $12 per hour for the first eight hours, time-and-a-half, or $18 per hour for the next four hours, and double time, or $24 per hour for the final hour of the shift.

Overtime Pay Exceptions

All workers are not entitled to overtime. Salaried, or exempt employees, are generally not required to be paid overtime. Employees who are classified as independent contractors are generally not entitled to overtime. Employees who work an alternative workweek schedule, such as four 10-hour shifts in a week, will not be paid overtime for working those 40 hours. We can let you know whether you should be being paid overtime or not.

Concerned About Unpaid Overtime? Contact Us.

If you are not being paid overtime, you may be able to pursue financial damages from your employer. To learn more, call us at 888-343-3455 or contact us online.

We represent clients in Bakersfield, El Centro, Fresno, Long Beach, Los Angeles, Oakland, Redding, Sacramento, Salinas, San Bernardino, Oakland, San Diego, San Francisco, San Jose, Santa Ana, Santa Barbara, Santa Rosa, Stockton, Van Nuys and throughout California.