Overtime

Key Takeaways:

For every hour worked over 8 in a day, or 40 in a week, you are owed 1.5x your hourly wage.

For every hour worked over 12 in a day, you are owed 2x your hourly wage.

If you work 7 days in a row, you are entitled to 1.5x your hourly wage for the first 8 hours, and 2x your hourly wage for all hours thereafter.

In California, employees are entitled to both daily and weekly overtime wages, whichever is greater.  Pursuant to California Labor Code section 510 and 1194, California employees are entitled to one and a half times their regular wage for all hours worked over eight in a day, and double their regular wage for all hours worked over twelve in a day. Additionally, if you work seven days in a row, on your seventh day you must be paid at least one and a half times your regular wage for your first eight hours of work, and double your regular wage for all hours worked over eight.

Even if you do not work over eight hours in a day, if you work over forty hours in a week, you are still entitled to one and a half times your regular wage.

There are some exceptions to the above general rules.  For instance, some employees are considered “exempt” and are not entitled to overtime.  Misclassification of non-exempt employees as exempt employees is a very common source of overtime violations. If you would like to know if you are entitled to overtime, contact us for a free evaluation of your case.

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