Overtime Pay: What Are My Rights?

posted in: Wage and Hour Violations | 0

Are you a paramedic, doctor, nurse, truck driver, or other exhausted essential employee that is working tirelessly on the frontlines? It is important to keep in mind that if your hours have increased past the legal standard workweek, you are most likely entitled to overtime pay. Your employer is permitted to mandate overtime hours (unless you work in a specific industry such as underground mining), but in doing so, they must be willing to compensate you for your time. 

Are there laws that protect me if I work overtime? 

In California, overtime law was established to govern the wages and hours of all the non-exempt employees working in the State. Employers are required to pay all the eligible employees additional pay for the work done in excess of the standard 8 hours daily or the standard 40 hours weekly. This also applies to the first 8 hours on the seventh day within any one workweek. 


Does everyone get paid overtime? 

This depends on the industry you work in. For example, as a nurse in California, overtime pay is paid by the shift. If a nurse works over 8 hours, they are paid time and a half. If they work over 12 hours, they are then expected to be paid double. California Wage Orders govern the wages, hours, and working conditions of those who are employed in specific industries. An Order is either categorized as “industry” or “occupational.” This information is what helps dictate whether certain jobs are entitled to overtime pay. If you are looking for more information on how employees are classified as either industry or occupational, read here


It is not uncommon for employers to misclassify employees. It is important to remember that there are laws that are in place that protect you. Your employer is not authorized to dictate how and when to pay you for overtime. You have a right to what you’ve earned! 


Can I do anything to make sure my paycheck is accurate? 

There are ways that you can stay proactive when it comes to making sure you are being paid for the extra hard work you are putting in. One important thing is to keep track of the hours you work. Many workers tend to leave this up to the responsibility of their employer, especially for those who are salaried. You can provide an estimate of overtime you have worked on a daily or weekly basis as written evidence in case any sort of dispute does arise concerning your overtime pay. If you would like us to review your paystub to assure its accuracy please contact us.


You can learn more about overtime laws and the importance of evaluating your paycheck on our blog


If you believe your employer is not paying you properly for your overtime hours, speak with a professional. The Carter Law Firm specializes in seeking proper compensation for employees who work for companies that violate wage and hour laws. Fill out our confidential form below to set up your complimentary consultation.   




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