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What are the labor and overtime laws in califonia

Murrieta, CA |

i was told that if you work more than 40 hours a week a business is required to pay you overtime. but according to the company i work for, because our pay period is every 2 weeks, that they only have to pay overtime if you work over 80 hours for the combined 2 weeks. is that true?

Attorney Answers 3

  1. No. That's not true. If you are a non-exempt employee, you are owed overtime anytime you work more than 8 hours in a day, or more than 40 hours in a week, regardless of when you are paid.

    Craig T. Byrnes

    Disclaimer: Please be aware that I am not offering legal advice, nor forming an attorney-client relationship with you. I am not representing you, nor doing anything to protect your legal rights. If you believe that you have suffered a legal wrong, take action before any statute or limitations expires, or your right to do so may be lost forever. Good luck in your legal matter.

  2. No, your employer is either confused or not telling you the truth. Every employer is required to establish a work week, and within that work week, if you work more than 8 hours in any one day, or more than 40 hours in that work week, you are entitled to overtime.

    Good luck to you.

    This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.

  3. Anything over 8 hours per day is overtime as is anything over 40 hours per week. They also have to give you :30 minutes of uninterrupted lunch periods every 4 hours and a ten minute break every two hours. If this is not your employers policy then he is breaking the law against all his non exempt employees. The company would be liable for unpaid overtime and a host of other penalties. Consult an attorney.

    Edgar Diaz Esq.
    Tel: 626-926-1616

    This advice does not create an attorney client relationship and should only be used for informational purposes.

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