Federal law requires employers to pay all non-exempt employees one-and-a-half times the regular rate of pay for all hours worked in excess of 40 hours in a work week. However, California also has state labor laws that entitle employees to the overtime rate if he or she works more than eight hours in a given workday. Furthermore, California workers who work more than 12 hours on any give workday must be paid twice his or her regular pay. Employees who work seven days in a row are also entitled to double his or her regular rate for every hour worked in excess of eight hours on that seventh consecutive workday.
As you can probably imagine, some employers misclassify employees or adjust time sheets to avoid having to pay overtime wages. These tactics are clear violations of employment law and you should contact an employment attorney if you believe you have been denied wages you are entitled to.
Our firm also tends to be asked about rules regarding “mandatory overtime,” in which an employer requires the employee to work more than 40 hours a week. In most industries, however, an employer is allowed to require the long hours as a condition of employment. Positions in some industries, such as truck drivers or airline pilots, have overtime restrictions in place out of concern for public safety, but a majority do not.
Law Offices of Kesluk, Silverstein & Jacob – Los Angeles employment lawyers