The California Labor Law Employment Attorneys Group has a dedicated team of employment lawyers in Los Angeles who can help you recover the overtime wages you are owed. Our experienced attorneys, paralegals, and legal staff work diligently to ensure that your case receives the attention it deserves so that you can obtain the maximum compensation allowed under the law.

California labor laws clearly outline overtime provisions. These laws state that:

A nonexempt employee who is at least 18 years old, or a minor employee aged 16 or 17 who is legally allowed to work, cannot be required to work more than eight hours in a workday or more than 40 hours in a workweek without receiving overtime pay. Overtime pay must be at least one and one-half times the employee’s regular hourly rate for any hours worked beyond eight hours in a day or 40 hours in a week.

A standard workday consists of eight hours. If an employee works beyond that, they must be compensated accordingly:

• Overtime pay must be at least 1.5 times the employee’s regular rate for hours worked over eight in a day, up to 12 hours, and for the first eight hours worked on the seventh consecutive workday in a week.
• Overtime pay must be at least double the employee’s regular rate for hours worked beyond 12 in a single day and for any hours worked beyond eight on the seventh consecutive workday.

Many employees have questions about their rights when it comes to overtime. Unfortunately, some employers take advantage of employees who are unaware of their legal protections. At the California Labor Law Employment Attorneys Group, we assist employees with common concerns such as:

• Can my employer require me to work overtime?
• Can I be fired for refusing to work overtime?
• Is overtime mandatory under California law?
• Can my employer terminate me for declining overtime work?
• Do federal laws allow an employer to fire me for rejecting overtime?
• Can I legally refuse to work overtime?
• Can I sue if I was fired for refusing to work extra hours?
• Can my boss penalize me for refusing to work beyond my scheduled shift?
• Can an employer force an employee to work overtime without pay?
• Is it legal for an employer to discriminate or demote me for refusing overtime?

Q: Can my employer require me to work overtime?
A: Yes. Employers have the right to set work schedules, including requiring employees to work overtime. They can also take disciplinary action, including termination, against employees who refuse to comply. However, overtime pay must be provided at the legally mandated rate.

Q: How is my “regular rate of pay” determined?
A: The regular rate of pay is the amount you typically earn for your work. It can be calculated based on an hourly wage, salary, piecework earnings, or commissions. This rate must never fall below the legal minimum wage.

Here’s how the regular rate of pay is calculated:

• For hourly employees, the hourly rate is the regular rate of pay.
• For salaried employees, the regular hourly rate is determined by multiplying the monthly salary by 12 (to find the annual salary), dividing that number by 52 (weeks in a year), and then dividing the result by 40 (the standard weekly work hours).

Q: If I work overtime without prior authorization, does my employer still have to pay me?
A: Yes. Even if an employer did not authorize the overtime, California law requires that employees be paid for all overtime hours worked at the appropriate rate.

However, employers may take disciplinary action against employees who violate company policies regarding overtime authorization. That said, employees cannot deliberately hide overtime hours and later demand payment—employers must be given the opportunity to follow the law.

Q: When should overtime wages be paid?
A: Overtime wages must be included in the next regular paycheck following the payroll period in which the overtime was worked. If an employer fails to pay overtime wages on time, the employee may have grounds to file a complaint or lawsuit.

If your employer refuses to pay for the overtime hours you worked, you have the right to take legal action. You may file a wage claim with the Division of Labor Standards Enforcement (DLSE) or pursue a lawsuit against your employer to recover lost wages.

Employees who are no longer working for the employer may also be entitled to additional compensation for delayed payment. If you believe you are owed overtime wages, consulting with an employment attorney is highly recommended.

If you file a wage claim or lawsuit against your employer, you may be entitled to recover the following types of damages:

• Unpaid Wages: Compensation for all overtime hours worked but not paid at the correct rate.
• Interest: California law allows employees to recover interest on unpaid wages. Some cases may qualify for liquidated damages instead of interest.
• Penalties: Employers in California may be required to pay waiting time penalties, which can amount to up to 30 days’ worth of wages.

If you are unsure how much you may be entitled to, our attorneys can help assess your case and determine the potential compensation you could recover.

If you believe you have been denied rightful overtime wages, the California Labor Law Employment Attorneys Group can help you take action. Our experienced attorneys assist employees throughout Los Angeles and California in recovering the wages they are owed.

Free Consultation: We offer a free case review so you can discuss your situation with a knowledgeable attorney with no financial obligation.

Zero-Fee Guarantee: Our law firm works on a contingency basis, meaning you pay nothing unless we successfully recover compensation on your behalf.

Contact us today to learn more about your legal rights and how we can help you recover the wages you deserve.

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