California has many laws and regulations established in order to protect
employees’ rights in the work force, including the right to
overtime wages. Employers are obligated to pay their employees additional wages for working
excessive hours. Our San Francisco employment lawyer at Stewart &
Musell, LLP discusses how much you should be paid for overtime work.
How Much Should I Be Getting Paid For Overtime?
Eight hours of work a day constitutes a full work day, resulting in a total
of 40 hours a week. If your workday exceeds 8 hours or six days in a row,
you should receive additional
payment for overtime.
Overtime wages are based on the employee’s regular rate of pay. Your regular rate is the amount that you are usually paid, including
hourly, salary, and commissions. In no instance should the regular rate
of your pay be less than the minimum wage established by the state.
Overtime rates abide to the following guidelines:
- After 8 consecutive hours, your overtime wages are 1 and 1/2 your regular
rate of pay.
- After 12 consecutive hours, your overtime wages are double your regular
rate of pay.
- On your 7th consecutive day, wages are 1 and 1/2 your regular rate during
the first 8 hours.
- On your 7th consecutive day, wages are double your regular rate after your
first 8 hours.
These overtime wages must be paid within the next regular payroll period.
If your employer hasn’t paid you yet, they are in direct violation
with labor laws and could be withholding your pay.
What Do I Do If My Employer Won’t Pay Me Overtime?
If your employer isn’t paying you your overtime wages, you have two
courses of action you can take. First, you can file a wage claim with
the Division of Labor Standards Enforcement and they will pursue further
action. Or, you can file a lawsuit against your employer with the help
of an employment lawyer.
If you would like to file a lawsuit and are in need of a San Francisco
employment attorney to represent you, our legal team at Stewart &
Musell, LLP provides excellent and client-driven advocacy for legal issues
involving employment and wages. Discuss the details of your case in a