Overtime hours should be paid to every employee, according to the laws in the particular country or state. Usually, a normal workweek is 40 hours, evenly split into five, six, or seven days, depending on the nature of the job. Everything that goes over that 40 hours is counted as an overtime job, and in many countries, it’s calculated as an additional fee to the regular salary.
Particularly in California, there are a few situations that are counted as overtime and require to be paid. The first one is when the worker stays more than eight hours at work in one day. The second one is when they have more than 40 hours in the week (if the contract is for less than 40 hours, then overtime is every hour that goes above what’s in it), and the seventh consecutive day in any workweek.
Many workers aren’t aware of their rights, and they think if they have a good salary, they don’t need to ask for their overtime hours to be paid. That’s why there are companies that are using that to violate the laws, but Bibiyan Law Group will help you out with this one if you think your rights are violated by the employee. You need to appreciate your time, and don’t let the employees use that against you.
Get to know the laws well
California has strictly regulated overtime laws, and some of the conditions we have already mentioned, but we will repeat that you are entitled to 1.5 times the amount per hour or day, if you stay more than 8 hours a day, more than 40 hours in one Sunday, or if after the sixth day of the week, you do not have a day off. You are entitled to double compensation if you have stayed more than 12 hours in one day or have come to work for eight consecutive days, with no days off in between.
Of course, there are additional regulations if you have to work night shifts, for large holidays or if work brings additional risk or danger to your life.
All of this is regulated by California Labor Code 510. Under this section of the law, any worker who is not paid for overtime work can file a complaint with the Labor Commissioner, and if employers refuse to pay, the worker has the right to sue and request payment.
Of course, in order to be able to enter into such a dispute, you must have a good legal representative. Do not take risky steps yourself, especially not against the company or powerful people. Law services are expensive in themselves, but if you have a good lawyer or attorney, then it will be much easier for you to emerge victorious in the dispute. They know the laws well and interpret them correctly, so there is no room for wrong steps.
Possible scenarios
When it comes to overtime, it is possible to meet one, two, or even all of the conditions listed above, as defined by California law. But, on the other hand, if you agree to pay your per diems if you have worked overtime for one or two days, then you should not ask for it to be included in the weekly calculation. Our advice is to be fair in your demand because you expect the same from the employer.
If you have a situation with more overtime cases during the week or month, then it is calculated according to those events that are more numerous. When you know that you have exceeded the maximum number of consecutive days, it is best to count the hours you have worked overtime. On the other hand, the accountant in the company knows exactly the criteria by which he should calculate the payment, so our advice would be not to spend time and nerves on it at all, but only to record all the overtime hours and days, in order to get a fair calculation.
The most important thing is that the employer is aware that he has asked you to work more than what is regulated by your employment contract because in that case there is always room for both a reward and a bonus. But if he refuses to pay for those hours or days, you have no choice but to invoke the law and find a lawyer to help you get justice.
The company can regulate overtime hours on its own
Every company has the right to create domestic policy, as long as it does not break the law. The same is true for overtime work, which can be paid even more than what is regulated by law, or can be compensated with something else, such as more days off, free weekends, and similar situations. Be aware of what the law requires and what your company has to offer. Only in this way can a healthy work discipline be maintained.
As a worker, you must also know your own rights under the law, so that no one can joke with you and abuse your free time. Unfortunately, there are such situations, and the workers are silent because in times of crisis it is difficult to predict how things will go further.
Conclusion
Always know your rights, but also be aware of situations in which things are regulated differently. You also need to know that being paid for what you have done is not a reward. A reward is when the company you work for, meaning the director or management, decides to reward you for a specific contribution or for continued loyalty. Make a difference and do not let your time and skills be misused for someone else’s profit.
On the other hand, our advice is to always be fair, in order to get a fair relationship. Sometimes it is really necessary to stay longer at work, and modern employers are becoming more aware that it has to be paid. Fortunately, we are coming to a time when exploiters are becoming rarer and workers know how to stand up for their rights. Finally, the law allows it, and a healthy legal system will not allow workers to be abused.
