Up until now, we have discussed the basic conditions under which overtime applies. Today, we will look at what responsibilities an employer has when overtime wages are not paid and what compensation an employee may be entitled to receive.
Under California labor law, an employer who fails to pay overtime wages may be subject to a variety of penalties. In California, overtime applies when an employee works more than eight hours in a single day, more than 40 hours in a week, or seven consecutive days. As previously explained, employees have the right to receive overtime pay for these hours. If they have not been properly compensated, they may claim all unpaid wages that are owed to them.
Additionally, if an employee files a lawsuit to recover unpaid overtime, the employer may also be required to pay the employee’s legal costs and attorney’s fees. In some cases, the employer may be fined $100 or $200 per day for the period during which the law was violated. Although these penalties are typically paid to the State of California, in certain situations, up to 25% of the penalty may be awarded directly to the affected employee.
Employers who violate overtime laws often fail to maintain accurate records of hours worked. In such cases, separate penalties may apply for pay stub violations, which must be paid directly to the employee. The penalty is $50 for the first violation and $100 for each subsequent violation, with a maximum total penalty of $4,000.
If an employer willfully delays the payment of overtime wages, they may also be liable for waiting time penalties, which compensate the employee for the delay in receiving their wages. This penalty can amount to up to 30 days’ worth of the employee’s wages.
Employees who have not received their overtime wages may choose to informally resolve the issue by speaking directly with their employer or by filing a lawsuit. They also have the option to file a wage claim with the California Labor Commissioner’s Office. However, the best course of action depends on the specific circumstances of each case, and it is highly recommended that workers consult with a labor law attorney first. Finally, please remember that the statute of limitations for filing a claim for unpaid wages is 3 years from the date of the violation. Be sure to review your timeline carefully before proceeding with legal action.
JUSTICE FOR WORKERS, P.C. is a law firm dedicated exclusively to representing plaintiffs, that is, workers, in matters related to labor law and workplace injuries. For a free consultation, please contact us at (323) 922-2000. We have offices located in both Los Angeles and Orange County. If we take on your case, you will not be required to pay us anything unless and until we secure compensation on your behalf.
