Overtime Labor Laws - Aiman-Smith & Marcy
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Labor & Employment / Overtime Labor Laws

California Overtime Labor Laws

Information on California and Federal Overtime Law

California overtime law codes affect all those who are employed in any occupation, trade or industry, whether their compensation is measured by time, by piece or by other means. The overtime pay laws apply regardless of your immigration status in California. California Labor Code Sections 1171–1205 deals with wage laws, including daily overtime requirements. California Labor Code Sections 500–558 also deal with overtime rights and rules.

Although our California labor and employment lawyers have provided you links to these sites, be advised that without the help of an overtime labor laws lawyer, many find it difficult to understand these often complicated overtime labor laws and then apply them to their own situations.

If you find the language of these overtime laws unclear, we suggest you reach out to an Aiman-Smith & Marcy attorney for guidance. There is no charge for a consultation. We help you understand overtime labor law — including exemptions to California overtime laws — advise you on how to resolve your situation and offer representation when your dispute appears to be legally actionable.

Two California overtime labor laws that affect you and your overtime pay

Law One: California Labor Code Section 510 (a)

This law forms the foundation of overtime law in California. Its key employee benefit points are that:

  • Eight hours of labor constitutes a day’s work according to overtime laws in California.
  • Any work you do in excess of eight hours in one workday is to be compensated at one and one-half times the regular rate according to California overtime pay laws.
  • Any work you do in excess of 40 hours in any one workweek is to be compensated at one and one-half times the regular rate of pay.
  • Work you do in excess of 12 hours in one day must be compensated at twice the regular rate of pay.
  • The first eight hours worked on the seventh day of work in any one workweek must be compensated to you at the rate of no less than one and one-half times your regular rate according to overtime law in California.
  • Any work in excess of eight hours on any seventh day of a workweek shall be compensated to you at the rate of no less than twice your regular rate of pay.

Be advised that there are several permitted exceptions to these rules, such as those applying to workers engaged in certain alternative workweek schedules.

Law Two: California Labor Code 1193.6 (a)

Under this law, the state of California may take a civil action against your employer to recover unpaid overtime compensation owed to you under overtime labor laws. The state is permitted to take this action with or without your consent. If you are approached by the Division of Labor Standards Enforcement asking for your consent, consult with our California wage lawyer first to ensure that your consent is the best approach to recovering your unpaid wages. Your consent, under such an action, constitutes a waiver on your part.  You may not be able to bring legal action or an overtime lawsuit separately, either on your own or with the help of overtime labor laws attorneys in California.

Aiman-Smith & Marcy’s practice is dedicated to upholding your rights and helping you with your overtime claim or overtime litigation. We have successfully sued large corporations on behalf of individual employees and in class action lawsuits.

Contact a California overtime labor law attorney today Speak to an experienced lawyer at Aiman-Smith & Marcy for help with the prevailing wage and other labor law issues in the Bay Area and throughout California. Call us at 510-817-2711 or contact us online to schedule a free consultation with one of our skilled wage attorneys. Our office is located near the Oakland Coliseum off Highway 880, 66th Avenue exit. We welcome the opportunity to review and discuss your legal concerns.

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