San Diego Failure to Pay Overtime Lawyer
When most employees start a new job, they have a sense of excitement and motivation to do the best possible job they can. Unfortunately, once a job starts many employees find that what they were told or believed a job would entail becomes something completely different. Promises of good pay, including substantial overtime, turns into managers who refuse overtime, slash overtime hours, or who change time cards. Employees who fail to pay overtime to an employee can be held responsible in a civil lawsuit to recover overtime wages.
When is overtime due to a California employee?
California Labor Code Section 510(a) states: “Any work in excess of eight hours in one workday and any work in excess of 40 hours in any one workweek and the first eight hours worked on the seventh day of work in any one workweek shall be compensated at the rate of no less than one and one-half times the regular rate of pay for an employee.”
So to break it down more simply, your California employer should be paying overtime at time and one-half if you:
- Work more than eight hours in one workday
- Work more than 40 hours in any one workweek
- If you work seven days in a row, the first eight hours on the seventh day are overtime
When is double time owed to a California employee?
California Labor Code Section 510(a) additionally states: “Any work in excess of 12 hours in one day shall be compensated at the rate of no less than twice the regular rate of pay for an employee.” Also, “any work in excess of eight hours on the seventh day of a workweek shall be compensated at the rate of no less than twice the regular rate of pay of an employee.
What damages can be recovered against a California employer who fails to pay overtime?
California Labor Code Section 1194 provides that an employee receiving less than the legal overtime compensation is entitled to recover in a civil action the unpaid balance of the full amount of the overtime compensation plus interest and reasonable attorney’s fees and the costs of the lawsuit.
Get help with your case from a San Diego Failure to Pay Overtime Lawyer
If you believe that your employer has not paid the correct amount of overtime or double time pay to you, contact a San Diego, CA Failure to Pay Overtime Lawyer from Humphrey & Rist to discuss your case. The attorneys in our offices have handled hundreds of civil cases throughout their careers and work to hold employers accountable when they try to shortchange an employee on wages. With offices in Santa Barbara and San Diego, we handle cases throughout the State of California.
We offer free consultation to potential clients and all consultations are kept strictly confidential. For more information or to speak to a lawyer, call us at (619) 488-6400.