If you work, you generally assume that your employer will be in charge of your hours. Does that mean that they can also make you work more than the regular 40 hours in a workweek? They can, but there are some rules about these overtime hours that your employer must follow. If you believe that your bosses are ignoring state and federal laws, then it’s time to hold them accountable with the help of a Los Angeles wage & hour claims lawyer.
Does California Allow Employers to Dictate Overtime Hours?
So it is well within a California employer’s rights to ask an employee to work more than 40 hours per week. In fact, if an employer asks someone to work overtime hours and they refuse, the employer is well within their rights to fire the employee.
An employer cannot ask someone to work overtime if this would be the seventh day of their workweek and it would take away a day of rest from them. Employers might also be unable to ask someone to work overtime if an existing collective bargaining agreement forbids it.
How Do Employees Need to Be Paid for Overtime?
So an employer is allowed to ask a worker to work more hours in many situations, but they must also follow rules about overtime wages. Not paying their employees enough for overtime can get a company in a lot of trouble.
Usually, the going pay rate for overtime is one and a half times a worker’s regular rate. If someone makes $20 per hour, their employer needs to pay them $30 per hour for every hour they work past 40. Just paying the base rate is not enough. An employer could also owe even more money, double the hourly wage, when a worker puts in a day longer than 12 hours or works more than eight hours on their seventh consecutive day of work.
What Should I Do If I Am Not Paid Properly for Overtime?
When your employer does not properly pay you for your overtime hours, you should do your best to hold them accountable. You can file a wage claim with the Division of Labor Standards Enforcement. You can also file a lawsuit against your employer.
An experienced employment attorney can help you no matter which option you choose. Having an attorney on your side when you file a complaint can be helpful. Your lawyer can make sure that you are filing the most convincing possible report, increasing the odds that your employer will be investigated by regulatory agencies.
Schedule a Consultation With Our Team
When you work overtime hours, you deserve overtime pay. If you think that your employer is not following the law, then contact RD Law Group. We can schedule a consultation and take a closer look at your situation.
