California law requires that all nonexempt employees working more than eight hours in any workday or more than 40 hours in any workweek, receive overtime pay calculated at one and one-half times his or her regular rate of pay for all hours worked over eight hours in any workday, and over 40 hours in any workweek. In other words, you are entitled to overtime pay as follows:
1. 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
2. Double the employee’s regular rate of pay for all hours worked above 12 hours in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek.
Your employer is required by law to pay you overtime. Don’t be taken advantage of! Call Tash Law Group today to see what your rights are, and to see whether you are entitled to overtime compensation.
A California employer may not employ an employee for a work period of more than five hours per day without providing the employee with an uninterrupted, off-duty meal period of not less than thirty minutes, except that if the total work period per day of the employee is no more than six hours, the meal period may be waived by mutual written consent of both the employer and employee. Similarly, employers may not employ employees for a work period of more than 10 hours per day without providing the employee with a second meal period of not less than 30 minutes, except that if the total hours worked is no more than 12 hours the second meal period may be waived by mutual written consent of both the employer and employee.
If you are not given the opportunity to take an uninterrupted and off-duty meal period, your employer is likely taking advantage of you. Call Tash Law Group today, and we can help determine if your employer is liable for failing to provide you a proper meal period.
Employees working in California must be given a 10-minute rest periods for every 4 hours of work, taken in the middle of each 4-hour period. However, a rest period need not be provided for employees whose total daily work is less than 3.5 hours. Employees are entitled to one 10-minute rest period for shifts from 3.5 to 6 hours in length, two for shifts of more than 6 hours up to 10 hours, and three for shifts of more than 10 hours up to 14 hours, and so on. These rest periods must be paid.
No employer may firce an employee to work during any rest period. If an employer does not provide an employee with a required rest period, the employer must pay the employee one additional hour of pay at the employee’s regular rate of compensation for each workday that the rest period is not provided. This is known as a rest period premium.
Call Tash Law Group today if your employer does not provide you with rest period as required by law. We can help vindicate your rights.