Overtime Pay

California Labor Code § 510(a) provides that eight hours of work make up a day’s work. Nonexempt employees generally must be paid at least one and one-half times their regular rate of pay for hours worked over eight hours in a workday, over 40 hours in a workweek, and for the first eight hours worked on the seventh consecutive day of a workweek. They must be paid at least twice their regular rate for hours worked over 12 hours in a workday and for hours worked over 8 hours on the seventh consecutive day of a workweek.

An employee’s regular rate of pay is more than the base hourly wage. California law requires employers to include nondiscretionary bonuses, commissions, and other compensation earned during the workweek when calculating overtime. Failing to include these amounts is a wage-and-hour violation.

Employees have several options against employers that fail to pay them all their overtime wages. They may file a claim with California’s Labor Commissioner’s Office at no cost. Or they may hire their own attorney and file a lawsuit in court.

If you believe that your employer failed to pay you overtime wages, contact the Law Offices of Ugo O. Asobie. Free Consultation. Failure to pay overtime cases are handled on contingency.