Most California employees, i.e., those who are not “exempt,” are entitled to overtime wages when they work more than eight hours in a workday, more than forty hours in a work week, or seven consecutive days. Employees are entitled to 1.5 times their regular rate of pay for hours worked between eight and 12 hours in a workday and for the first eight hours worked on the seventh consecutive day of work in a workweek. Employees are entitled to double their regular rate of pay for hours worked in excess of 12 hours in a workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek. There are many ways in which employers fail to pay employees overtime, such as misclassifying them as salaried, requiring or allowing them to work off-the-clock or work through required meal periods, or altering or rounding employees’ time records to eliminate earned overtime.
If an employer fails to pay employees earned overtime wages, they can sue for unpaid overtime and other damages and penalties under various Labor Code provisions, including sections 203, 226, 510, 558 and 2699(f)(2) of the California Labor Code.