Unpaid Overtime and Double Time Claims in California
In California, employees are entitled to overtime pay for hours worked beyond the standard 8 hours in a workday or 40 hours in a workweek, and double time for hours worked beyond 12 hours in a workday. If your employer has failed to pay you the overtime or double time wages you are legally owed, you may have a valid claim for unpaid overtime or double time compensation. Whether you’ve been misclassified, forced to work off the clock, or simply not compensated correctly, you have the right to seek the wages you deserve.
At LCK Law, we are committed to ensuring that employees are fairly compensated for their hard work. Our firm can help you navigate the complexities of California wage and hour laws and take legal action to recover your unpaid overtime or double time wages.
What is Overtime and Double Time Pay in California?
California labor laws are designed to ensure that workers are paid fairly for the hours they work, particularly for any time spent working beyond the typical workday or workweek. Specifically:
- Overtime Pay:
- Employees are entitled to 1.5 times their regular rate of pay for any hours worked beyond 8 hours in a single workday or 40 hours in a workweek.
- Overtime must be paid on a daily and weekly basis, meaning that even if an employee works a standard 40-hour week, they are entitled to overtime pay for any hours worked beyond 8 in a day.
- Double Time Pay:
- Employees are entitled to double their regular rate of pay for any hours worked beyond 12 hours in a single workday.
- Double time also applies for hours worked on the 7th consecutive workday in a workweek, where the employee works more than 8 hours on that day.
Common Unpaid Overtime and Double Time Violations
Employers who fail to pay overtime or double time wages can be violating California labor laws. Some common violations include:
- Misclassifying employees as exempt to avoid paying overtime or double time: Employers may wrongfully classify workers as “exempt” from overtime pay, even though their job duties do not meet the legal criteria for exemption.
- Failing to pay overtime for hours worked over 8 in a workday: Employees should be paid overtime for hours worked beyond 8 in a single workday, but employers sometimes fail to compensate employees accordingly.
- Not paying double time for hours worked beyond 12 hours in a workday: Employers may fail to pay double time for overtime hours worked beyond 12 hours in a single day.
- Not counting all hours worked: Employers may not account for hours worked before or after scheduled shifts, such as time spent on tasks off the clock, resulting in unpaid overtime.
- Falsifying or failing to maintain accurate time records: Employers may fail to track hours worked properly or alter time records to avoid paying overtime and double time wages.
- Not paying overtime or double time for work on weekends or holidays: While overtime is required for any hours worked beyond the daily or weekly limit, employers may fail to calculate overtime for weekend or holiday work when applicable.
How We Can Help
At LCK Law, our experienced wage and hour attorneys are dedicated to helping employees who have been denied proper overtime or double time pay. We can help you:
- Investigate your claim to determine if your employer has failed to pay you overtime or double time wages
- Review your pay records and timekeeping logs to identify any unpaid overtime or double time hours worked
- Pursue damages and penalties for violations of California’s overtime and double time laws
- Protect your rights and ensure that your employer is held accountable for their failure to pay you the wages you are entitled to
California law is clear about your right to overtime and double time pay, and employers who fail to comply with these laws can face serious consequences. If you believe you have not been properly compensated for overtime or double time hours, contact us today to learn how we can help you recover the wages you are owed.
Contact LCK Law for a free, confidential consultation. We’ll review your case, explain your legal options, and help you take the next steps to recover your unpaid overtime and double time wages.