Is It Illegal To Work Overtime Unpaid?
By Corey Hanrahan
Is it illegal to work overtime unpaid? Yes, if your employer is not paying you legally required overtime pay, in accordance with California law, they are breaking the law. It is also illegal if your employer is paying you overtime in accordance with federal law, as opposed to California law. Many employers do not understand the difference between federal law and California law regarding overtime pay. Therefore, it is imperative that you understand the difference to make sure you are not being underpaid.
“…Many employers do not understand the difference between federal law and California law regarding overtime pay…“
Under California law, overtime pay is calculated differently than it is under federal law. Federal law requires overtime payment for working more than forty hours in a single week. California law, though, not only requires overtime pay for working more than forty hours in a single week, but also for working more than 8 hours in a single workday. So that is where federal law and California law split. Additionally, California law requires an employer two pay double-time for work in excess of 12 hours in a single day, or for work performed on a seventh consecutive day in any workweek.
Your employer’s intent or motive is irrelevant to a claim for unpaid overtime. There is no valid defense of “we thought we were paying you right, but we were accidentally paying you under federal law overtime rules.” As an employee working in California, you are protected by California law when it comes to overtime pay, and your employer must follow California law (regardless of where your employer is located).
Attorney Corey Hanrahan has litigated many unpaid overtime lawsuits, and is knowledgeable with regard to the law and its intricacies. If you are owed overtime pay from your employer or former employer, contact The Hanrahan Firm for a free consultation.
