Understanding Your Rights
In California, most employees are entitled to overtime pay when they work more than 8 hours in a day or 40 hours in a week. This right is protected under California Labor Code Section 510, which states:
“Any work in excess of eight hours in one workday and any work in excess of 40 hours in any one workweek and the first eight hours worked on the seventh day of work in any one workweek shall be compensated at the rate of no less than one and one-half times the regular rate of pay for an employee.”
Steps to Take If Your Employer Isn’t Paying Overtime
- Document Everything: Keep detailed records of your hours worked, including dates, times, and any communication with your employer about overtime.
- Review Your Employment Contract: Ensure you’re not exempt from overtime pay due to your position or industry.
- Discuss with Your Employer: Politely bring up the issue with your employer or HR department, referencing California labor laws.
- File a Wage Claim: If your employer doesn’t resolve the issue, you can file a wage claim with the California Labor Commissioner’s Office.
- Consult an Employment Lawyer: For complex cases or large sums of money, consider seeking legal advice.
- Consider Reporting to the California Department of Industrial Relations: They can investigate wage theft claims.
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Detailed Example: Restaurant Worker’s Overtime Dispute
Let’s consider the case of Maria, a line cook at “Taste of California,” a popular restaurant in Los Angeles.
Scenario: Maria typically works 40 hours per week, Monday to Friday, 9 AM to 5 PM. However, for the past month, the restaurant has been short-staffed, and Maria has been working additional hours:
- Monday to Friday: 9 AM to 7 PM (10 hours per day)
- Saturdays: 10 AM to 6 PM (8 hours)
This totals 58 hours per week, but Maria’s paycheck only reflects 40 hours of regular pay.
Maria’s Actions:
- Documentation: Maria starts keeping a detailed log of her hours, noting start and end times each day.
- Contract Review: She checks her employment contract and confirms she’s not exempt from overtime pay.
- Employer Discussion: Maria approaches her manager, explaining the discrepancy and referencing California Labor Code Section 510. The manager claims ignorance and promises to look into it.
- Follow-up: After a week with no resolution, Maria emails her manager and CC’s the restaurant owner, attaching her time logs and citing the relevant law.
- Wage Claim: When another week passes without resolution, Maria files a wage claim with the California Labor Commissioner’s Office. She calculates her unpaid overtime:
- Weekdays: 2 hours of overtime per day x 5 days x 4 weeks = 40 hours
- Saturdays: 8 hours of overtime per week x 4 weeks = 32 hours
- Total unpaid overtime: 72 hours
- Resolution: The Labor Commissioner’s Office investigates and determines that Maria is owed overtime pay. They order “Taste of California” to pay Maria her unpaid wages plus interest and penalties. A employment law firm like MSD can help you with unpaid wages.
Remember, every situation is unique. While this guide provides general information, it’s always best to consult with a qualified employment lawyer or the California Labor Commissioner’s Office for advice tailored to your specific circumstances.
