Are you working off the clock?
There are so many employees who go to work and end up working over their regular eight hour day but do not get paid for that extra time. Either their assigned daily duties aren't complete so they work late or through breaks or there are other requirements that are done before or after clocking in or out.
These employees often start early or stay late and aren't paid for all their time.
It is against the law in the state of California for employees to work before or after hours and not receive pay. It is also illegal to work through your meal or morning and afternoon rest breaks to complete the work assigned. This is known as "Working off the Clock" or "Unpaid Overtime."
While this can happen to just about any type of employee, we see this most commonly with these specific types of employees:
Janitors, housekeepers and maids
Employees who have unrealistic production or sales expectations or quotas
Servers and other restaurant employees
Title Insurance and financial institution sales and service employees
Employees who do part of their work by telecommuting from home
Employees with setting up or closing down duties before or after the time assigned for work
We understand that if you or someone you know has been working off the clock and not receiving pay it's difficult to come forward but you have rights. In California the law protects you from losing your job in retaliation for seeking your legal rights. It's important to have a knowledgeable and experienced legal professional on your side to not only help fight for your hard-earned dollars but protect you as an employee.
Please call our office today to speak directly with an attorney about your matter to find out if you have a case. All calls are confidential.
California State Law for overtime pay in California:
The Law requires non-exempt employees who work more than eight hours in a single work day / more than 40 hours a week to be paid one and a half times the regular rate of pay or twice the rate for hours in excess of 12 in a single day. If part of your pay includes commissions or some piece rate pay, any overtime must include those commissions in the calculation of overtime. In other words, the overtime pay will be more than simply 1.5 times the simple hourly rate.