Legal Question in Business Law in California

Re: Overtime Pay?

Anything over 8 hours per day or 40 hours per week is to be paid at time and a half. If the company won't correct this and pay the overdue amounts, then you should go file a claim at the Labor Commissioner. You then should consider having an attorney represent and help you at the hearings and trial of this matter, if the company contests the claim. Call me if you need such help.

Re: Overtime Pay?

Per the website of the California Division of Labor Standards Enforcement"

"In California, the general overtime provisions are that a nonexempt employee 18 years of age or older, or any minor employee 16 or 17 years of age who is not required by law to attend school and is not otherwise prohibited by law from engaging in the subject work, shall not be employed more than eight hours in any workday or more than 40 hours in any workweek unless he or she receives one and one-half times his or her regular rate of pay for all hours worked over eight hours in any workday and over 40 hours in the workweek. Eight hours of labor constitutes a day's work, and employment beyond eight hours in any workday or more than six days in any workweek is permissible provided the employee is compensated for the overtime at not less than:

1. One and one-half times the employee's regular rate or pay for all hours worked in excess of eight hours up to and including 12 hours in any workday, and for the first eight hours worked on the seventh consecutive day of work in a workweek; and

2. Double the employee's regular rate or pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek."