Find Out How to Put Your Boss in the Penalty Box For Violating California Overtime Laws

California employees no longer have to settle for not receiving appropriate overtime pay from their employers. Employees are taking action against their employers who violate the California overtime law by refusing to pay overtime. Employers who violate the California Overtime Law by neglecting to pay overtime will be charged a penalty of $50 for each unpaid worker and for each pay period the worker was paid incorrectly. However, in 2004, Governor Arnold Schwarzenegger tried passing laws to make it more difficult for employees to file suit against their employers over overtime pay.
However, employees currently have the right to sue their employees who refuse to pay overtime In 2004, an International Coffee & Tea Company was fined for unpaid overtime pay. In 2005, this company was fined up to $350,000, under the California's overtime law. According to former employees of this retailer, they were forced to work overtime off the books and were refused appropriate overtime pay. This is how The Labor Code Private Attorneys General Act of 2004, better known as the 'Sue Your Boss' law, was established.
Employees Sue for Unpaid Overtime
A former manager of this coffee & tea retailer claimed that their company policy required its employees to clock out of work after completing 8 hours then continue their tasks until finished. The store manager was fired and acted as a de-facto prosecutor by taking the retailer to court on behalf of other store managers and supervisors who did not receive overtime pay since 2003.
An experienced California class action overtime attorney, Walter Haines comments, "I have filed many class action cases against large companies who have failed to pay their employees the overtime wages, penalties, and interest they are due." There are currently two exceptions to the California Labor Law Overtime. For example, if workers are under a collective bargaining agreement that provides some overtime and it is specified that the worker will receive 30% above the state minimum wage.
Attorney Walter Haines adds, "The California labor code is clear that certain penalties apply and are due and owing of employers who fail to pay their employees the overtime wages they are due." The second exception is when employers implement an alternative workweek schedule and the schedule receives approval of 2/3 of their workforce. This allows employees to actually work 4x4s or four day shifts of up to 10 hours per day without receiving overtime, just as long as they don't exceed 40 hours within a week.

Kathleen Armitage is a freelance journalist who frequently contributes and comments on California labor issues. Learn more by visiting web sites such as California Overtime Lawyer and Los Angeles Lawyer

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