Hourly workers have certain protections under the law. Some of the same protections may apply to non-exempt professionals paid on a salary basis. Federal law protects the right to overtime pay when people work 40 hours or more in a single workweek. The employee should receive at least 150% of their usual hourly pay for any time after the 40th hour.
Employers in California have to comply with that rule. They also have to adhere to California laws, which allow for overtime and additional circumstances. The failure to pay employees earned overtime in qualifying circumstances could lead to those workers pursuing a wage and hour claim against a company.
When do workers deserve overtime pay?
Overtime wages represent premium pay for scenarios where work demands exceed the standard working hours. California law doesn’t just recognize the 40-hour workweek as standard. It also recognizes an eight-hour workday. Workers in many professions deserve overtime pay if they work shifts for longer than eight hours. There are exceptions for certain professions, such as medical careers.
The need for at least a single day of rest also factors into overtime law. If an employee works seven consecutive days without one off, the time worked on the seventh day is overtime, even if they don’t go over 40 hours for the week.
Regardless of company policy, employers generally need to comply with state and federal wage regulations. Filing a wage and hour claim for unpaid overtime can help workers obtain compensation for the extra hours they have worked if their employers do not pay them as they should.