OVERTIME AND OTHER WAGE ISSUES
Most employees in the workplace are entitled to overtime pay (1.5 times the regular pay rate) when they work over 40 hours in a week – and in California, when they work over 8 hours in a day. In California, when you work over 12 hours in a day, most employees are entitled to be paid double-time. If your employer has failed to pay you the time you are owed, the employer may owe you liquidated damages – meaning, twice the unpaid wages. In California, if you have already left the employer, and were not paid everything you were owed, then your employer might owe you up to 30 extra days of pay for waiting time penalties. The employer may also owe you penalties in California if your pay checks do not accurately reflect all of your compensation data or other information required.
Also, most California, full-time workers are entitled to an unpaid, but uninterrupted, 30-minute meal period by the end of five hours' work, and two, 10-minute, paid rest periods a day – one to be taken during each four hours worked. If you work over 10 hours, most employees are entitled to a second 30-minute meal period. Each day most California employees miss the full meal and rest periods to which they are entitled, they are due premiums, equal to one hour at the employees' regular rate of pay.
Some employers have improperly classified their employees as "exempt" from overtime and meal/rest period premiums, cheating employees out of earned compensation. Some employers dip into employees' tips, or shave time off of employees' time records, or refuse to compensate employees for time spent waiting in security lines, setting up a work station for a shift, or putting on and taking off required work equipment.
If you question why you are not receiving compensation to which you believe you are entitled, and you want advice from an attorney, please contact Bryan Schwartz.