If I work over 10 hours in one day. Is my employer required to pay me overtime for those 2 extra hours?

My employer states that they are not required
to pay us over time for hours exceeding 8 in
one work day, unless we work over 40 hours in
one work week? Is this correct? Thank you for
your time.

Asked on May 31, 2016 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Your employer is right about federal law, but there is also state law to consider. In your state (California), an employee is entitled to time-and-a half for all time over 8 hours, up to 12 hours, worked in a single workday; and double time for all time over 12 hours in one day. If you have not been paid overtime, you could contact the CA Dept. of Industrial Relations to bring a wage complaint; you could potentially recover all the overtime you should have been paid, but were not, for the last 2 years, assuming you can prove the overtime hours worked. If the amount is small, however (only a few hours here and there), it is unlikely to be worthwhile to do this.

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