In California, the vast majority of workers are supposed to receive 1.5 times their regular rate of pay for each hour worked in excess of eight in a single workday. If you work more than 12 hours in a single workday, you’re supposed to be paid double your regular rate for each hour over 12.
Furthermore, you’re supposed to receive 1.5 times your regular rate of pay for the first eight hours worked on the seventh consecutive day of work in a workweek, and you’re supposed to receive double your regular rate of pay for all hours worked above eight on the seventh consecutive day of work in a workweek.
What to do if you are not getting paid correct overtime wages
Here are some basic steps you should take if you’re not receiving overtime pay as required by law:
- Double-check your hours: This may be as simple as checking your timesheet. However, if your employer makes it difficult to see your actual work hours, or if the documents provided by your employer don’t seem to be correct, you should talk to an employment law attorney about getting the information you need.
- Contact your Human Resources (HR) department if there is one: Not every company has an HR department, but if there is one, it may be able to investigate the issue and determine why you did not receive compensation for the overtime hours worked.
- Follow-up with HR: Unfortunately, just because you bring unpaid overtime to your employer’s attention doesn’t necessarily mean they’ll do anything about it. This is why you should follow up with HR until you receive more information. If HR is not cooperative, talk to a California employment law attorney.
- Check for accuracy: If your employer agrees to pay you for your unpaid overtime, check the payment amount against your records to ensure that you were fully compensated.
You hope that your employer will do the right thing, but there is no guarantee of that happening. Unfortunately, some employers actively look for ways to deny employees’ their overtime pay.
If your employer refuses to comply with your request, it’s time to learn more about your employment rights under California law. California has some of the strongest laws in the world for protecting employees’ rights.