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FREQUENTLY ASKED QUESTIONS

Q: If I work overtime without authorization, is my employer obligated to pay for it?

A: Yes, California labor law requires that employers pay overtime, whether or not it is authorized. Overtime pay is one and one half times the regular rate of pay for all hours in excess of eight, up to and including 12 hours in a workday. After 12 hours, the employee is compensated at double the regular rate of pay.

Q: Can my employer penalize me for working unauthorized overtime?

A: An employer can discipline an employee for violating the employer’s policy of working overtime without the required authorization. However, California labor law requires that employers pay overtime, whether or not it is authorized.

Q: Are salaried employees entitled to overtime?

A: It depends. A salaried employee must be paid overtime unless they meet the test for exempt status as defined by federal and state laws, or unless they are specifically exempted.

Q: Can an employer require an employee to work overtime?

A: Yes, an employer may dictate the employee’s work schedule and hours. Under most circumstances, the employer may discipline an employee, up to and including termination, if the employee refuses to work scheduled overtime.

Q: Can my employer fire me because I inquired about my employment rights?

A: No, it is illegal for your employer to discriminate or retaliate against you for inquiring about your rights, safety concerns or overtime pay. Retaliation may include the threat of or actual termination, demotion, suspension, or harassment.

Q: How much will Girard Gibb's labor and employment law attorneys charge me?

A: Nothing. Our labor and employment law attorneys do not charge our clients for bringing a lawsuit.

HOME > PRACTICE AREAS > EMPLOYMENT & LABOR LAW > OVERTIME AND THE FLSA

Overtime and the FLSA

Were you denied overtime pay?

Since its creation in 1938, the Fair Labor Standards Act (FLSA) has specified that eligible employees must receive a premium wage for all hours worked beyond the "standard workweek" (originially 44 hours). Problems arise when employers fail to comply with this requirement. Our labor and employment attorneys actively pursue claims on behalf of employees who were denied overtime pay in violation of the FLSA.

Federal Overtime Law

Today, unless specifically exempted, employees who are covered by the FLSA, must receive overtime pay for any time worked beyond 40 hours a week at a rate of at least one and half times their regular rate of pay. This regular rate of pay must not be less than the federal minimum wage.

Under the FLSA, employers are not required to pay overtime for hours worked on weekends, nights or holidays unless unless the hours worked that week exceed 40. If an employee is over the age of 16, there is no limit on the number of hours they may work a week. Unlike California labor law, the FLSA does not require employers to pay their employees double-time for any type of overtime. Overtime pay generally must be paid on the regular pay day for the pay period when the overtime work took place.

Federal Overtime Law vs. California Overtime Law

A number of states including California have their own overtime laws. If an employee is covered by both state and federal overtime laws, they are entitled to overtime "according to the standard that will provide the higher rate of pay."

Learn more about Overtime and California Labor Law

What can I do if I believe I was unfairly denied overtime pay?

If you believe your employer violated the FLSA's overtime law, or if you would like to learn more about overtime law and the FLSA, please fill out the form to the right or call us toll free at (866) 981-4800 for a confidential consultation with an overtime lawyer.

Go back to California Overtime Lawyers overview

Contact a California overtime attorney.

Important Note: This summary is intended to provide a basic overview of the typical types of employment cases handled by our firm. It is for informational purposes only and does not constitute legal advice.

Why Girard Gibbs LLP?

Girard Gibbs is a national litigation firm specializing in securities litigation, consumer class actions and complex business litigation. Girard Gibbs' managing partner Daniel Girard was voted one of Northern California's Super Lawyers in 2007, 2008, and 2009 by Law & Politics, recognizing him as one of the top 5-percent of attorneys practicing in Northern California.





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