One of the most common professions in the city of Los Angeles is working as a waitress, waiter or host in a restaurant. While working in the California service industry can be a great way to earn money, especially through tips, wage and overtime law violations are also prevalent throughout the industry.
As a service industry employee, it's important to understand your legal rights when it comes to getting paid and your rights when working overtime. If your employer is falling short on the compensation and working environment they legally owe to you, it is possible to take legal action and seek financial compensation.
What is overtime and am I entitled to extra pay if I work overtime?
In the state of California, all employers are legally required to pay additional compensation for overtime hours. Overtime is defined as time worked after the employee has worked over eight hours in that working day. For the time between eight and 12 hours in that working day, employees are legally owed one and a half times the regular compensation amount.
After they have worked 12 hours in a single working day, they are able to claim double their regular pay. Similarly, employees are entitled to twice their normal pay for each hour worked for every hour after their 8th working hour if they have worked for seven days in a row.
Am I legally obligated to work overtime even if I don't want to?
Under California law, the employer has the right to schedule working hours. Therefore, as long as a worker is scheduled for overtime hours, they can legally be fired if they refuse to fulfill these scheduled working hours.
When should my overtime hours be paid?
You have the right to receive compensation for your overtime work alongside your regular pay. Therefore you should receive it by your next scheduled payday.
If you believe that you are not getting the compensation that you deserve for overtime work in California, it is important that you take action so that you can claim financial compensation.