California law provides payment of overtime for non-exempt employees. The rules regarding overtime payment does not apply to exempt employees.
If you work more than eight hours per day or more than 40 hours in a workweek, then your employer is supposed to pay you one and one-half time for each hour worked after the eighth hour in each day.
If you work more than 10 hours per day or 60 hours in a week, then the employer is supposed to pay double the regular time.
An employee works Monday through Friday, nine hours every day. The employee must receive 40 hours at his regular rate and the remaining five hours one and half time his regular wages.
If the same employee works nine hours a day, Monday - Friday and then eight hours on Saturday, then the employee is entitled to 40 hours of regular pay and 13 hours of overtime, since the eight hours worked on Saturday must be considered as overtime.
If the same employee works Monday - Friday, nine hours every day and then Saturday and Sundays 10 hours each day, then the employee is entitled to 40 hours of the regular pay, 20 hours of overtime paid at one and half time the regular pay, and 5 hours of double time.
Often employers try to pay the portion of the time worked after the eighth hour at the same amount as the regular pay. If you did not receive your overtime payment, please call Employment Rights Law Group, APC to discuss your case. Moreover, any portion of your time that you worked after clocking out could be subject to overtime regulations if you have already worked eight hours.
Any violation of meal break and off-the-clock work trigger the overtime payment for the time spent after the regular eight hours. If your employer required you to work during your meal break, or you had to work after you have clocked out, then call Employment Rights Law Group, APC today to discuss your case.