Employment Law Attorneys - San Diego

The Law Offices of Devon K. Roepcke

Employment Law Attorneys - San Diego

Overtime & Wage Law in California

Overtime & Wage Disputes

Overtime and Wage Law

Overtime and Wage Law covers the breaks and overtime that each employee is entitled to per California Labor Law. This area of labor law in California can sometimes be difficult to understand, as with all laws in California. However, the following is a quick breakdown of California overtime pay rules:

California Overtime Pay Rules - 

LABOR LAWS FOR CALIFORNIA STATE THAT YOU HAVE A RIGHT TO BE PAID OVERTIME FOR ALL TIME WORKED OVER 8 HOURS IN A DAY, AND/OR OVER 40 HOURS IN A WEEK.

  • If you have worked over 8 hours in one day, and/or over 40 hours in one week, and were not paid overtime, you are entitled to recover any overtime pay you were not paid during the last 1-4 years, plus interest. Why?
  • Overtime in California is paid at a rate of time and a half, which means you get your regular hourly wage, plus 50% of your hourly wage. For example, if you were paid the current California Minimum Wage of $10.00, and worked over 8 hours in a day, you would be entitled to $15.00 an hour for every hour worked over 8 hours that day/shift ($10.00/2=$5.00, or 50%. Add that your regular wage of $10.00 an hour, to get the time and a half rate, or $15.00 an hour for the overtime rate).
  • You can assert your rights for 2-4 years, depending on the situation.
  • Labor Law allows you to request from your employer any overtime compensation that you are owed; however, a San Diego Attorney from the Law Offices of Devon K. Roepcke can assist you if your employer refuses to pay.
  • [Get a Free California Overtime Pay Rules Consultation]

 

California Working Breaks Rules - 

YOU HAVE A RIGHT UNDER LABOR LAWS TO ONE 10-MINUTE BREAK FOR EVERY 4 HOURS WORKED

  • If you have worked over 4 hours at anytime in the last 1-4 years, and were not provided a 10-minute rest break, you are entitled to one hour of pay for each missed break that falls within that 1-4 year timeframe. Why?
  • Federal Labor Laws do not mandate that employees receive 10-minute rest breaks or meal breaks; however, California Labor Law breaks from federal law and mandates that employers provide employees a 10-minute rest break for every 4 hours worked. If an employer fails to provide an employee a 10-minute rest break before the end of their shift, that employee is entitled one hour of pay for every break missed going back up to 2-4 years.
  • California Labor Law on Breaks allows an employee to assert their rights for 2-4 years, depending on the situation. If your employer accidentally fails to give you breaks, you can assert claims going back up to 2 years. If your employer intentionally deprived you of a break, or knew you were entitled to a break and did not compensate you, you can assert claims going back 3-4 years provided you did not waiver your right to the break. This is where the Employment Law gets tricky, and when it is likely that Employment Attorneys should go to work.
  • Employment Lawyers from the Law Offices of Devon K. Roepcke can assist employees in recovering any money they are owed by their employer if their employer refuses to pay
  • [Get a Free California Working Breaks Consultation]

 

YOU HAVE A RIGHT UNDER LABOR LAWS TO ONE 30-MINUTE MEAL BREAK FOR EVERY FIVE HOURS WORKED

  • “If you have worked over 5 hours at anytime in the last 1-4 years, and were not provided a meal break, you are entitled to one hour of pay for each missed meal break that falls within that 1-4 year timeframe. Why?
  • California Employment Law mandates that if an employer fails to provide an employee a meal break for hours worked over five hours, then that employer is entitled to one hour of pay for every missed break going back up to 2-4 years.
  • Labor laws allow you request from your employer the compensation owed; however, an Employment Law Attorney from the Law Offices of Devon K. Roepcke can assist workers getting paid backpay compensation if employers refuse to pay compensation that is justly owed.
  • [Get a Free California Working Breaks Consultation]