Wage and Overtime Laws: California & Federal
Stiffed on your commission? Asked to work overtime but not paid for it? Don’t let your employer bully you and steal your wages.
California and federal law protect you against wage theft. Employers cannot make you work overtime without paying you overtime wages. Neither can employers entice you with the promise of commission but then fail to pay you.
Overtime is calculated daily in California, and must be paid after eight (8) hours in any given day. Thus, the California Department of Labor Standards Enforcement specifies that:
Eight hours of labor constitutes a day’s work, and employment beyond eight hours in any workday or more than six days in any workweek is permissible provided the employee is compensated for the overtime at not less than:
- One and one-half times the employee’s regular rate of pay for all hours worked in excess of eight hours up to and including 12 hours in any workday, and for the first eight hours worked on the seventh consecutive day of work in a workweek; and
- Double the employee’s regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek.
Too often employers take advantage of hard working employees by demanding that they work more than eight hours in a day or six days per week, but fail to pay proper overtime wages. Employers may do so through coercion, or causing fear that employees will lose promotion eligibility or their employer’s good favor if they decline. Don’t let that happen to you! Under the law, employers must pay you overtime and cannot take any adverse employment action against you for exercising your legal right to get paid for all hours worked.
Importantly, if you have been classified as exempt from overtime, or as an independent contractor, know that employers sometimes misclassify employees under these categories to avoid their obligations to pay all wages owed. If you have been classified as exempt or as an independent contractor, make sure that you have been classified correctly and are not being unlawfully denied wages that you are owed.
Finally, if you have been promised commission as part of your job, remember that employers must include that commission in your regular rate of pay for purposes of calculating overtime. If you are not being paid overtime that properly includes commission, you may be the victim of wage theft by your employer. Your employer must also separately compensate you for duty-free rest breaks in addition to provide you with paid sick leave protections, amongst other privileges and benefits of California law.
Contact Vision Legal, Inc. and speak with a lawyer who fights hard for all your rights to get paid all that you are owed.