Justia Lawyer Rating
badge - The State Bar of California
badge - OCBA
badge - Expertise, Best Personal Injury Attorneys in Orange 2020
badge - Expertise, Best Employment Lawyers in Orange 2021
badge - lawyers.com

Overtime Pay FAQ

Overtime Pay Frequently Asked Questions

Overtime Pay Frequently Asked QuestionsWhen employees work more than a certain number of hours a week, they are entitled to extra overtime pay. Sometimes determining what hours qualify can be confusing, especially if your work schedule isn’t of a typical nine-to-five workday, five days a week. The Orange County employment lawyers at the Serendib Law Firm help workers who have been denied proper pay pursue the proper actions to recover what is due to them. The following are some of the commonly asked questions our firm receives from clients who are trying to determine their legal rights.

When Am I Owed Overtime Pay?

California law requires employers to pay employees overtime wages when they work:

  1. More than eight hours in a workday
  2. Over 40 hours in a workweek
  3. More than six days consecutively in the same workweek
What Qualifies as a Typical Workday and Workweek?

The California Labor Code establishes a workday as 12 am to 12 pm each day. However, employers can define a workday using a different consecutive 24-hour period, as long as such a change is not done just to purposefully circumvent overtime provisions. Workweeks are any seven consecutive days that start with the same calendar day.

What if My Schedule Differs From a Standard Number of Days and Kind of Weeks, Is This Legal?

Yes, under Labor Code Section 511, alternative workweek schedules are allowed when they are agreed upon by employees. As such, alternative schedules may require an employee to work more than eight hours within a 24-hour period without overtime pay for that particular timeframe.

The most common alternative workweek schedules are the 4/10 - where employees work four 10-hour days in a workweek; and the 9/80 - where employees work 80 hours in nine days over two workweeks. Alternative workweek schedules can be due to business needs as well as employee preferences. If you are unsure whether your schedule, and related wages, are appropriate for your job, a knowledgeable overtime pay attorney in Orange County can help you make sure your rights are being respected.

Am I Ever Entitled to Overtime Pay if I Work a 4/10 Schedule?

Yes, alternative workweek schedules are not to be used as a method to avoid paying employees overtime pay they are due. An alternative workweek cannot consist of shifts longer than 10 hours per day within a 40-hour workweek without payment for overtime.

Where an employee works over the 10-hour a day limit, they are entitled to an overtime rate of at least 1.5 times their regular rate for hours between 10 and 12. If any hours are worked over 12, employees are entitled to twice their regular pay.

Employees are also entitled to twice their regular rate for work hours that exceed the 40 hours a week. An experienced Orange County employment law attorney at the Serendib Law Firm can assist you in determining what rates you are owed for the hours you’ve worked.

Is My Job Exempt From California Overtime Requirements?

Only certain administrative, executive, or professional jobs are exempt from California overtime law. An exemption generally applies to employees who earn a monthly salary that is equivalent to twice the California minimum wage and whose work is primarily intellectual, managerial, or creative, requiring some sort of discretion and independent judgment.

What Kind of Damages Can I Get if I Am Successful in an Overtime Wage Claim?

Employees who were not properly paid for overtime work are entitled to those unpaid overtime wages. An employee is also entitled to 10 percent interest on those wages, starting from the date they were due and continuing until the date of judgment. The 10 percent interest rate is standard, but can differ depending on circumstances. In addition to the overtime compensation, an employee may be entitled to other derivative Labor Code violations including but not limited to incompliant paystubs and wages not paid upon separation.

Contact an Orange County Overtime Pay Lawyer

If you have additional questions about whether or not your employer has denied you overtime pay that you earned, the employment law attorneys at the Serendib Law Firm are available to speak with you. We represent clients in Orange County as well as elsewhere in Southern California including Los Angeles, San Bernardino, and Riverside Counties. Please contact our office at 1-800-LAW-8225 (800-529-8825) or online.

Client Reviews
"Integrity, competency, and compassion! Dimuth Amaratunga has represented me and counseled me in several matters over the last several years, and each time, I have benefited tremendously from his knowledge, his wisdom and his empathy. He is without a doubt an authority in employment law and personal injury. But most importantly, he has compassion and truly focused on getting the best result for his clients. I am a practicing attorney and I wholeheartedly recommend him and his firm!" David J.