Have you been covering shifts for your coworkers? Has your boss asked you to stay late to finish a large project? Have you been working every weekend for the last month? You may be entitled to overtime pay.
California rewards employees who work extra hours with overtime pay. The amount of overtime employees can make depends on the number of hours they work every day and week. Employees who work more than 8 hours in a day or 40 hours in a week can earn one and one-half their typical pay rate. An employee can earn double their income if they work more than 12 hours in a day. Overtime pay is also required when an employee works seven consecutive days in a workweek.
If you have been working overtime and your paychecks have not changed, you may be a victim of wage theft. Here is what you should know:
How do employers steal overtime pay?
Wage theft happens when an employee is not paid for the amount of time they work. This can happen to employees who work overtime. Here are a few ways wage theft occurs:
- Misclassification: Some employees are considered exempt from overtime pay. An employer may classify an employee as exempt or as an independent contractor to avoid paying overtime.
- Timecard alteration: Employers may alter timecards by subtracting breaks or lunch times so that it appears an employee is working below the overtime limit.
- Off-the-clock work: An employer may claim that they asked their employee to work off-the-clock so that they do not earn overtime. An employer may also subtract prep and closing times to reduce overtime pay.
Employers who do not pay employees overtime may be violating state and federal laws. Employees may need to seek professional legal guidance to learn how to recover stolen wages.