Overtime pay laws in California are designed to compensate employees fairly for working longer hours than the standard workweek. These laws are more generous than the federal Fair Labor Standards Act (FLSA), offering additional protections and benefits to workers in the state. Understanding California’s overtime pay regulations is crucial for both employers and employees to ensure compliance and to safeguard workers’ rights.
Overview of California Overtime Pay Laws
In California, overtime pay requirements are governed by the California Labor Code and the orders of the Industrial Welfare Commission (IWC). The laws stipulate that employees must receive overtime pay at a higher rate than their regular pay for hours worked beyond the standard 40-hour workweek.
Specifically, California law requires that employees be paid one and one-half times their regular rate of pay for all hours worked over eight hours in a single workday and for the first eight hours worked on the seventh consecutive day of work in a workweek. For hours worked beyond 12 in a workday and for hours worked beyond eight on the seventh consecutive day, employees are entitled to twice their regular rate of pay.
A workday is defined as any consecutive 24-hour period starting at the same time each calendar day. A workweek is defined as any seven consecutive days, beginning with the same calendar day each week. Workweeks are not required to coincide with the calendar week but must be consistent and regularly recurring.
Certain employees are exempt from California’s overtime laws, including executive, administrative, and professional employees who meet specific salary and duties tests. Additionally, certain industries or types of work, such as agricultural workers or personal attendants, may have different rules.
In some cases, employers and employees may agree to an alternative workweek schedule that allows for workdays longer than eight hours without overtime pay. Still, such agreements must meet specific legal requirements and be approved by a majority of affected employees in a secret ballot.
Enforcement and Penalties
Overtime pay laws in California are enforced through a combination of state oversight, employee rights to file claims, and specific legal actions that can be taken against employers who fail to comply. The primary responsibility for enforcing these laws rests with the California Division of Labor Standards Enforcement (DLSE), which operates under the Department of Industrial Relations. The DLSE’s mission includes educating employers and workers about their rights and responsibilities, investigating complaints, and taking enforcement actions when necessary.
Reporting Violations
Employees who believe their employer has not complied with overtime pay laws can either file a wage claim with the DLSE or file a lawsuit. The DLSE claim filing process involves several steps:
- Filing the Claim: The employee submits a claim form to the DLSE detailing the employer’s alleged violations, including failure to pay overtime.
- Initial Review and Conference: The DLSE reviews the claim and may hold a settlement conference to try to resolve the issue without a formal hearing.
- Hearing: If the case is not resolved, it proceeds to a hearing before a Labor Commissioner’s Deputy, who will make a decision based on the evidence presented.
- Order, Decision, or Award (ODA): The Deputy issues an ODA, which outlines the decision and any amounts awarded to the employee.
Employers have the right to appeal the ODA to a civil court. Both parties are entitled to present their case anew in a trial de novo, which means the court does not consider the findings of the DLSE hearing but instead looks at the evidence afresh.
If an employer fails to pay the amounts ordered in the ODA, the DLSE can take enforcement actions to collect the unpaid wages. This can include placing liens on the employer’s property, levying the employer’s bank accounts, or taking other collection actions.
However, if a lawsuit is deemed the best course of action, your lawyer will handle the filing process. The steps typically include:
- Preparation: Draft a complaint that details your claims against the employer, including the specific laws violated and the damages sought.
- Filing: Submit the complaint to the appropriate court. In California, this could be a state Superior Court.
- Serving the Employer: Legally notify your employer of the lawsuit.
After the lawsuit is filed, be prepared to engage in the legal process, which may include:
- Discovery: Both sides exchange information and gather evidence through requests for documents, depositions, and written questions.
- Mediation or Settlement Discussions: Many cases are resolved through mediation or settlement before going to trial.
- Trial: If the case goes to trial, it will be heard by a judge or jury, who will decide the outcome based on the evidence presented.
Penalties for Non-Compliance
Employers who fail to comply with California’s overtime pay laws may be subject to penalties beyond just the unpaid wages. These can include:
- Waiting Time Penalties: Employers who willfully fail to pay all wages due to an employee at the end of their employment may owe additional penalties, calculated as the employee’s daily rate of pay for each day the wages remain unpaid, up to a maximum of 30 days.
- Liquidated Damages: In some cases, employees may be entitled to liquidated damages equal to the amount of unpaid overtime wages, essentially doubling the amount owed.
- Civil Penalties: Employers can also face civil penalties for violating wage and hour laws, which are payable to the state.
Get Professional Help for Unpaid Overtime Claims in California
Filing an unpaid overtime lawsuit can be a complex and lengthy process. Still, it’s a powerful tool for employees to recover unpaid wages and hold employers accountable for labor law violations. If you believe you have an unpaid overtime claim in California, the experienced unpaid wage attorneys at the Law Offices of Todd M. Friedman, P.C., can help. Schedule your consultation today to learn more.
