What can I do if my employer pays my overtime hours at the regular rate and not 1 1/2 my regular rate?

Asked on July 16, 2015 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can file a complaint with your state department of labor, or else hire an employment law attorney and bring a lawsuit for the money. If you are a non-exempt employee--and all hourly workers are non-exempt--you must be paid overtime when, for example, you work more than 40 hours in a week. The employer has no flexibility or discretion in this, and you are owed the extra 50% of your hourly rate for all overtime hours you have worked. You can bring a complaint or file a legal action to recover the money. Filing the complaint is most likely the better option because--among other reasons--it is free.


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