Rizio and Nelson California Law Blog

In general, “overtime” refers to hours worked beyond 40 hours per week by persons who are 18 years of age or older. This time is paid to the employee in an amount equal to one-and-one-half times their normal wage. There are many specific details in the law that cover exactly who can receive overtime, and how many hours have to be put in each day and each week. The website ca.gov lists all the specifics. Employers must comply with both Federal and State employment laws.

Overtime laws can be broken by employers who list their employees as exempt, but are not under California law. For instance, UPS had to pay $162,992.85 to Mr. Michael Marlo for unpaid overtime, missed meals, and missed breaks because his position was in a supervisory capacity, but was not classified correctly by the company under California law. As a result of this case, 55 more cases against UPS are currently in process. On an even greater scale, HSBC is being sued for lost wages and overtime by current and former employees. Any employer can fall prey to an overtime lawsuit if they do not adhere to California’s strict labor laws.

If you believe that your employer or former employer is guilty of not paying overtime wages, the faster you seek compensation, the better. There is a limit of four years from the date of the offense that you have to file your claim in. However, the Labor Board will seek only the first 3 years’ lost wages, not the fourth.

California’s overtime laws are both very specific and very confusing. Trust the lawyers at Rizio and Nelson to represent you. They have the experience to get you the money that you worked so hard for.