The following post is written in a Q & A format and is intended to explain employers and employees California overtime law for computing daily and weekly overtime hours for non-exempt employees. It appears there is a misunderstanding as to the correct method of calculating overtime hours for certain workweeks during which employee’s work hours exceed both the 8-hour daily and 40-hour weekly thresholds.
In the past few years, California employers have witnessed a drastic increase in overtime claims brought by former and current employees. Because of the statutory one-way attorney fee provision under Labor Code section1194, these claims are exceedingly expensive to defend and often employers are compelled to settle to avoid exposure.
On December 29, 2011, a former employee of the San Francisco Nike Store, Webster Proctor, filed a nationwide wage-and-hour class action in the Federal District Court for Northern District of California. Mr. Proctor, who worked as a sales associate, seeks to recover unpaid wages, mainly overtime, on behalf of a nationwide class.
The restaurant, bar and food service industry continues to be one of the most highly abused industries when it comes to complying with California Employment law. Restaurant employees are often cheated out of their hard-earned wages, and employers are constantly subjected to costly wage-and-hour litigation which undermines the successes of the business.
I work over 8 hours a day and sometimes more than 40 hours a week. Do I deserve overtime?
The short answer is yes, you deserve overtime, but only if you are a non-exempt employee. Under California labor law, everyone who works beyond normal hours deserves overtime pay.