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What are the labor laws for paying overtime in California?

Picture of Chris Battis By   ·  2 minute read
As per the labor laws in California, employers are required to pay overtime to their employees for any work performed over 8 hours in a day or over 40 hours in a workweek. The overtime premium rate in California is 1.5 times the regular pay rate for the first 8 hours of overtime worked in a day, 2 times the regular pay rate for hours worked beyond 8 hours in a single day, and 2 times the regular pay rate for hours worked beyond 12 hours in a single day. Additionally, employers are required to provide meal and rest breaks to their employees. Employees are entitled to a meal break of at least 30 minutes whenever they work 5 or more hours in a day. They are also entitled to a rest break of at least 10 minutes for every 4 hours worked. If an employer fails to provide these breaks, they may owe their employees additional compensation. There are some exceptions and limitations to California's overtime laws. For instance, employees who are exempt from overtime pay include certain salaried executives, administrative, and professional employees. Additionally, there are some industries that are exempt from some overtime provisions such as employees who are covered by a collective bargaining agreement. If an employer violates California's overtime laws, they may be subject to penalties and fines. Employees who believe that their employer may be violating overtime laws may file a claim and seek damages. It is advisable to consult with a licensed attorney for further guidance on this matter.

Legal Document:

[Date]

[Employer Name]
[Address]
[City, State ZIP]

RE: Claim for Unpaid Overtime

Dear [Employer Name],

I am writing to inform you that I believe you have not paid me overtime compensation as required by the labor laws of California. I have worked for your company for [X] months/years and have regularly worked more than 8 hours per day and 40 hours per week.

According to California's labor laws, employers are required to pay overtime to their employees for any work performed over 8 hours in a day or over 40 hours in a workweek. The overtime premium rate in California is 1.5 times the regular pay rate for the first 8 hours of overtime worked in a day, 2 times the regular pay rate for hours worked beyond 8 hours in a single day, and 2 times the regular pay rate for hours worked beyond 12 hours in a single day. Despite working overtime hours, I have not received the overtime pay that I am entitled to.

Furthermore, according to California's labor laws, employees are entitled to a meal break of at least 30 minutes whenever they work 5 or more hours in a day. They are also entitled to a rest break of at least 10 minutes for every 4 hours worked. However, I have not received these breaks as required by law.

I am requesting that you immediately pay me any unpaid overtime compensation and meal and rest breaks. If you do not comply with this request, I may be forced to file a claim and pursue legal action to recover my wages.

Thank you for your attention to this matter.

Sincerely,

[Your Name]