Is Unpaid Overtime Legal In California?
By Corey Hanrahan
Is unpaid overtime legal in California? No, it is not legal for an employer to fail to pay you overtime wages. Things get a bit tricky in California too, since 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.
“…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…“
Even if you have agreed to waive overtime pay, you are still entitled to be paid overtime pay. California law renders any agreement to waive overtime pay (or minimum wage for that matter) unenforceable. So, as you can see, there is no reason why an employer should not be paying you mandatory overtime compensation.
So you can see how an employer paying a California employee overtime wages under federal law would be stealing money from the employee. Under federal law, you could work 10 hours a day for a four day workweek and not be entitled to overtime pay. However, in that same scenario, you would be owed eight hours of overtime. Now, there is one exception to this, under California law, and it is an alternative workweek agreement. However, there are a strict set of rules that apply before an alternative workweek can be implemented. There must be a written disclosure by the employer of the proposal of an alternative workweek, a secret ballot election process, and notice to the employees affected by the alternative workweek schedule. The election results must also be reported by the employer to California’s Division of Labor Standards Enforcement (DLSE).
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.
