What Happens To California Employers Who Don't Pay Overtime?
By Corey Hanrahan
What happens to California employers who don’t pay overtime? Unfortunately, nothing if employees do not oppose the practice and enforce their rights. I have seen a lot of situations where employees are owed years of unpaid overtime wages. It is not uncommon for employees to simply ignore overtime violations to try to “keep the peace” at their jobs. Unfortunately, doing this only emboldens the employer to continue committing wage theft.
“…This includes 1.5 times your regular rate for work performed in excess of forty in a single workweek or eight in a single workday, and double pay for working more than twelve hours in a single workday, or on a seventh consecutive day of a workweek…“
Any agreement by an employee to waive overtime pay is unenforceable in California. So there is no legal defense for an employer to say, “The employee agreed not to receive overtime compensation, we we’re not in violation of any laws.” If you are a non-exempt employee, you are entitled to overtime pay. This includes 1.5 times your regular rate for work performed in excess of forty in a single workweek or eight in a single workday, and double pay for working more than twelve hours in a single workday, or on a seventh consecutive day of a workweek.
Employees have to step forward and oppose unlawful pay practices, otherwise there is nobody to hold employers accountable. There is no oversight committee on employee pay that will make sure the employer abides by the law. Generally, the best thing to do is reach out to a qualified and experienced employment attorney to enforce your rights and make sure the employer knows you “mean business.” So, if you are owed overtime pay from your employer or former employer, contact The Hanrahan Firm for a free consultation and let us help you vindicate your rights.
