Daily overtime
Non-exempt employees generally earn 1.5 times their regular rate for work over 8 hours in a day or 40 in a week, and double time for work over 12 hours in a day.
Unpaid wages and overtime · California
California wage rules are stricter than federal law: overtime can be owed per day, missed breaks carry a premium, and a late final paycheck can trigger penalties. An independent employment attorney checks what you are owed and whether a court claim or a claim with the Labor Commissioner fits better.
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The essentials
Non-exempt employees generally earn 1.5 times their regular rate for work over 8 hours in a day or 40 in a week, and double time for work over 12 hours in a day.
If a required meal or rest break is not provided, the employer generally owes one extra hour of pay at your regular rate for each workday it happened (Labor Code §226.7).
If you are fired, final wages are generally due immediately. If you quit, they are due within 72 hours, or on your last day if you gave at least 72 hours' notice (Labor Code §§201–202).
If an employer willfully pays final wages late, it can owe up to 30 days of your daily wages as a penalty (Labor Code §203).
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Wage claims become harder to prove as records get older, and limitation periods apply. An enquiry does not stop any deadline.
You may still be wondering …
Yes, possibly. Being paid a salary does not by itself make you exempt. California exemptions depend on your actual duties and on a minimum salary level. Many salaried employees are misclassified.
Retaliating against an employee for complaining about unpaid wages or filing a claim is prohibited under the California Labor Code. Retaliation can be a separate claim.
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