If you work more than the standard eight hours a day or 40 hours a week, you are entitled to overtime pay. According to California employment lawyers, most employees, even independent contractors are supposed to receive overtime pay. If you have not been getting paid for your extra hours of work, you may be entitled to additional wages.
Know Your Employment Rights: How to Calculate Overtime
Overtime laws states that if you put in extra work over the standard eight hours a day or 40 hours a week. You may also receive overtime pay if you work for seven consecutive days. If you work overtime, then your employer is supposed to pay you at a higher hourly rate.
There are two ways to calculate overtime pay. The first is called the "time and a-half" rate. This means that for each additional hour you work, you are entitled to one and one half-times your regular hourly rate. In addition, if you work for seven days straight, the first eight hours of the seventh day must be paid at this "time and a-half" rate.
On the other hand, if you work more than 12 hours a day, you should receive double your regular rate of pay. This is known as "double time." Meantime, if you work more than eight hours on your seventh consecutive day, you should also be paid at this double time rate.
Find Out How California Employment Lawyers Can Win Your Case
If you think your employer owes you overtime pay, please download our Overtime Calculation Worksheet. There are two ways to figure out how much your employer might owe you in unpaid overtime wages. The first method is through documents. You should be able to establish exactly how many hours of overtime you worked through time sheets, payroll records, and calendar entries.
However, if you don't have enough documents to establish how many hours of overtime you have worked, don't worry. You can still make a claim. Under California employment law, you can submit an estimate of unpaid overtime hours. The ball is then in your employer's court to disprove your estimate. If they can't, then your estimate is presumed to stand.
You can collect overtime wages from as far back as four years from the date you file your lawsuit. However, you must fall under the category of non-exempt employees to be entitled for overtime. Please consult a California employment lawyer to find out if you have a valid claim for unpaid overtime wages.
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Ed said:
I just started working as a relief security guard for a company in Sacramento. They have scheduled me to work 8 hours/day (night shift) from October 11--October 19. Their work week begins on Thursdays. I am entitled to overtime once I work 40 hours consistently or is it within their work week?