Most employers by nature hate when their employees speak out, especially if that involves overtime violations. This type of employer prefers a submissive attitude while they continue to exploit and steal from their employees. If you are working extra hours and you have not compensated accordingly, you should consult an experienced California wage and hour lawyer to handle your circumstances.
Overtime is calculated on the general rate of pay, that is your wages for the work you perform. Whether that means salary, hourly wages, or commissions, you should get paid for any extra hours you pour into your work. Also, the regular rate of pay can’t be less than the minimum wage in your state.
The hours used to calculate the regular rate should not exceed the legal maximum amount of hours, which are generally 8 hours a day or 40 hours per week. It also depends on the number of days you work every week. If you have agreed to a certain amount of hours with your employer, anything beyond that should be paid as overtime. However, in some cases involving a workweek less than 40 hours, the law may not require overtime compensation, unless the employee works over 8 hours a day.
For employees paid on an hourly basis, the hourly rate is the amount they should be paid. For salaried employees, the monthly income should be multiplied by 12 months or the annual salary can be divided by 52 weeks and the weekly salary by 40, which is the max legal amount of work hours per week.
When you are paid by the piece of the commission, there are other methods used to determine the regular rate of pay. You should be paid one-half this rate for the first four overtime hours, and double when working over 12 hours. Another way of calculating, it is by dividing your earnings by the total amount of hours worked every week, including overtime. For every overtime hour, you should get paid time and one-half.
There is also a way of computing the regular rate of pay in a group. The amount of work by the group is divided by the people in the group so that each person gets paid for their work. In such cases, workers should also get paid more than the minimum wage, notwithstanding their performance.
Under California law, employers must pay their employees for overtime, even if they have not authorized it. However, the employer can discipline the employee for doing overtime without the required authorization. Employers also have the right to obtain information about unauthorized overtime. It’s best you hire a California wage and hour attorney to handle your situation. These cases can be very complex requiring expert legal intervention.