As a non-exempt employee in the state of California, it’s likely that you’re in position to receive overtime compensation. This entitles you to 1.5 times your standard hourly rate for any hours worked in excess of eight hours per day or 40 hours per week.
In the event that you work more than 12 hours in a day, your employer is required by law to pay two times your hourly rate.
Despite these laws, your employer may decide to press their luck in an attempt to save money. Others, of course, aren’t purposefully doing anything wrong, but instead have no clue as to which laws apply to them.
Here are some of the signs that you may be eligible to receive additional pay based on denied overtime:
- You have worked more than eight hours per day or 40 hours a week
- Your employer misclassified you as an exempt employee, when you’re really non-exempt
- Your employer requests that you work through rest and/or meal breaks
- Your employer neglects to pay you for tasks related to cleaning up or preparing your workspace
Should you believe that you’re entitled to unpaid overtime, it’s important to keep track of your hours. Doing so allows you to obtain compensation for:
- All overtime that is due to you
- Any additional damages as outlined by California and federal law
- Attorney fees
Talk to your employer
If you feel that you’re not receiving compensation for overtime hours, speak with your employer about your concerns. There’s always a chance that they’ve overlooked something and are more than willing to work with you to make things right.
But if this doesn’t work, it’s time to take legal action to protect your rights as an employee. You worked the hours and you should receive compensation.
Collect as much evidence as you can, as this puts you in position to prove that your employer owes you for unpaid overtime. It’s your hope that you can work things out without taking legal action, but don’t write it off. You need to do whatever you can to obtain all the compensation you deserve. Don’t let your employer win.