Sometimes, your employer may ask you to put in extra time at the office. When you do this, you usually expect to receive overtime. If your employer refuses to provide this pay, he or she could be in violation of California’s labor laws.
According to the Department of Industrial Relations, there is a limit on how long you can work each day. Your employer cannot ask you to work for more than eight hours without giving you overtime. Additionally, you have to receive compensation if you work more than 40 hours each week.
How much overtime should you get?
The amount of overtime you receive depends on how many extra hours you put in. If you stay for more than 8 hours but fewer than 12, your employer has to pay you one and one-half times your usual rate. However, you should receive double your standard pay if you work more than 12 hours.
You have to receive overtime whether you receive a salary or an hourly wage. Additionally, employers have to provide compensation even if they did not ask you to stay late. It may be necessary for you to work more hours to finish a project on time, for example. In this situation, a company still owes you for this additional time.
How do you report unpaid overtime?
When you submit forms for overtime pay, an employer would ideally provide the appropriate compensation. The Department of Industrial Relations says that you can report your employer if you do not receive this pay. One way to do this is to file a wage claim. You usually need to submit documentation explaining your situation. The Labor Commissioner’s Office typically needs to see your pay stubs, as well as the log of your additional hours.
If you choose to take this step, you should observe the time limits for wage claims. You generally have three years to report withheld overtime.
