Stockton Overtime & Double Time Lawyer

The State of California has overtime rules that are more favorable to employees than the defaults established under federal law. Unless you meet the standard for an “exempt” employee, your employer must pay you overtime–and in some cases double time–if you work more than a given number of hours during a pay period. If your employer fails to follow these rules, our Stockton overtime and double time lawyers can assist you in taking necessary and appropriate legal action.

When Are Stockton Employees Entitled to Overtime?

California’s overtime and double time rules apply to “non-exempt” employees only. An exempt employee is generally someone who works in an administrative, professional, or executive job where they receive a fixed salary over a certain amount. Most employees paid an hourly wage are non-exempt.

Overtime laws require an employer to pay 1.5 times a non-exempt worker’s regular rate of pay under any of the following conditions:

• the employee worked more than 8 hours in a workday (up to 12 hours);
• the employee worked more than 40 hours in a workweek; or
• the employee worked more than 6 consecutive days in a workweek and worked no more than 8 hours on the seventh consecutive day.

To give a simple illustration, Claire normally works an 8-hour shirt for $20 per hour. If her employer requires to stay an extra two hours one night, she must be paid $30 per hour for the additional 2 hours worked. Similarly, if Claire already worked a full 40-hour week over five days, and her employer asked her to come in and work a sixth day, she must be paid $30 per hour for the entire sixth day.

Overtime vs. Double Time

California also requires employers to pay “double time,” or twice a non-exempt employee’s regular rate of pay, under the following conditions:

• the employee worked more than 12 hours in a workday; or
• the employee worked more than 8 hours on the seventh consecutive day in a workweek.

In other words, if our hypothetical employee Claire worked seven days in a row, and on the seventh day she worked a 12-hour shift, she must be paid double her normal rate–$40 per hour–for every hour worked after the eighth hour on that seventh day.

Why Do You Need a Stockton Overtime and Double Time Lawyer?

If your employer refuses to pay you any required overtime or double time, you have the right to file a wage claim with the California Labor Commissioner. You can also choose to file a lawsuit directly against the employer. In many cases, the employer’s owners, officers, and managers can be held personally liable for this type of wage and hour violation.

A qualified Stockton overtime and double time lawyer can review your case and advise you on the best way to proceed. Employers are often more likely to negotiate a settlement with an employee who has skilled representation. So if you need to speak with an attorney, call Venardi Zurada LLP today at (833) VZ FOR ME to schedule a free confidential consultation.

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