What is Overtime?
Pursuant to the California Labor Code, a non-exempt employee is entitled to overtime pay of 1.5x their regular hourly rate for all time worked over 8 hours in a single workday or for all time worked over 40 hours in a workweek. Further, an employee is entitled to double-time pay of 2x their regular hourly rate for all time worked over 12 hours in a single workday. Moreover, an employee is entitled to overtime pay of 1.5x their regular hourly rate for the first 8 hours of work on a seventh consecutive workday, and for double-time pay of 2x their regular hourly rate for all work beyond 8 hours on a seventh consecutive workday. In addition, an employer is required to calculate an employee’s “regular rate” for overtime by including all non-discretionary bonuses (i.e., performance-based bonuses) into the employee’s regular hourly rate.
What is “Off the Clock” Work?
Pursuant to the California Labor Code, an employer must pay wages to a non-exempt employee for all time worked under the direction or control of the employer. In California, the legal system does not recognize the federal “de minimis” rule; this means that an employer must pay an employee for all time worked, no matter how small or short a particular task is. This means that employees are supposed to be paid for tasks such as going through mandatory security clearances at work, waiting in lines to clock in, or being required to respond to work-related communications while off the clock. Off the clock work often comes in the form of a manager forcing employees to clock out but continue working in order to avoid paying employees overtime. Similarly, oftentimes, employers require employees to skip or work through their meal periods while they are clocked out for a lunch.
Legal Liability
If your employer has failed to pay you your earned overtime wages or required you to work off the clock, you may be entitled to backpay, liquidated damages, statutory penalties, and interest.
The content on this website is not legal advice, does not establish an attorney-client relationship, and does not guarantee any particular outcome.
