Business or employers of workers within California must abide by California’s overtime laws. They are different than federal laws and if an employer relies solely on federal law, or otherwise do not comply with California’s labor code regarding overtime pay, the employer may face a costly lawsuit.
The law in California is:
Any nonexempt (see blog about whether a worker is exempt or nonexempt) employee works OVER 8 HOURS IN A WORKDAY OR OVER 40 HOURS IN A WORKWEEK (don’t count meal period(s), he/she is owed time and one-half for time worked over 8 and up to 12 in a workday. Double time is owed for any work over 12 hours in a workday. If a nonexempt employee works 7 consecutive days, she/he is owed time and one-half for the first 8 hours and double time after that.
Unpaid overtime claims carry interest at 10% per annum and the law states that the employer “shall” pay the employee’s attorney’s fee to collect unpaid overtime and any waiting time penalties. California law requires the employer to pay the employee one day’s pay for each day he/she has to wait to receive their final paycheck – up to 30 days. See Blog on this website about timely payment of final paychecks.
The statute of limitations/deadline to file a claim for unpaid overtime or any other wages, is 3 years, however, attorneys can extend it to 4 years by adding a claim of “unfair business practices” which has a 4 year statute of limitations. The Labor Commissioner is limited to a 3 year statute of limitations. As such, it is almost always better for an employee with an overtime claim, to hire an employment law attorney. And, since the law requires the employer to pay the employee’s attorney, why not?
Since employers are required to keep time records of their employees, if the employer fails to keep time records or fails to keep accurate time records, the employee begins the claim or lawsuit by providing her/his best estimate of the amount of time worked for which overtime is due. Then, the employer can rebut the best evidence. As such, keeping accurate time records is not only required by the law, but good evidence. Falsifying time records is also against the law. As such, if an employee works after he/she should be off work, do not advise the employee to lie on the time card and don’t falsify the time card.
If you are an employee who is owed overtime worked during the past 4 years, call labor lawyer, Kristine Karila for a free initial phone consultation. (949) 481-6909
If you are an employer and have questions about California overtime laws, or have employees who are owed overtime during the past 4 years or if your business is being audited by a governmental agency, call Law Office of Kristine S. Karila. (949) 481-6909.
The law in California is:
Any nonexempt (see blog about whether a worker is exempt or nonexempt) employee works OVER 8 HOURS IN A WORKDAY OR OVER 40 HOURS IN A WORKWEEK (don’t count meal period(s), he/she is owed time and one-half for time worked over 8 and up to 12 in a workday. Double time is owed for any work over 12 hours in a workday. If a nonexempt employee works 7 consecutive days, she/he is owed time and one-half for the first 8 hours and double time after that.
Unpaid overtime claims carry interest at 10% per annum and the law states that the employer “shall” pay the employee’s attorney’s fee to collect unpaid overtime and any waiting time penalties. California law requires the employer to pay the employee one day’s pay for each day he/she has to wait to receive their final paycheck – up to 30 days. See Blog on this website about timely payment of final paychecks.
The statute of limitations/deadline to file a claim for unpaid overtime or any other wages, is 3 years, however, attorneys can extend it to 4 years by adding a claim of “unfair business practices” which has a 4 year statute of limitations. The Labor Commissioner is limited to a 3 year statute of limitations. As such, it is almost always better for an employee with an overtime claim, to hire an employment law attorney. And, since the law requires the employer to pay the employee’s attorney, why not?
Since employers are required to keep time records of their employees, if the employer fails to keep time records or fails to keep accurate time records, the employee begins the claim or lawsuit by providing her/his best estimate of the amount of time worked for which overtime is due. Then, the employer can rebut the best evidence. As such, keeping accurate time records is not only required by the law, but good evidence. Falsifying time records is also against the law. As such, if an employee works after he/she should be off work, do not advise the employee to lie on the time card and don’t falsify the time card.
If you are an employee who is owed overtime worked during the past 4 years, call labor lawyer, Kristine Karila for a free initial phone consultation. (949) 481-6909
If you are an employer and have questions about California overtime laws, or have employees who are owed overtime during the past 4 years or if your business is being audited by a governmental agency, call Law Office of Kristine S. Karila. (949) 481-6909.
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