As an employee, you probably never knew that the company time clock or your own watch could be so valuable. This violates California Overtime Laws and a labor attorney can tell you why. If you can spare 90 seconds to scan this article, you will learn how to not only keep your boss on your stopwatch, but possibly earn thousands if he ignores the clock. Ask a labor attorney how you can benefit!
Record keeping requirements for California Overtime Laws is essential to keeping track of the overtime employees records. The employer is liable to keep certain records for each covered non exempt worker as per California Overtime Laws for overtime pay. The records should include accurate information of the employee and the data of the hours worked and the wages earned. So what if your boss does not keep a time clock or other time mechanism to record hours worked? What should you do to safeguard yourself?
Safeguard #1: In the absence of a time clock. Keep your own time sheets!
California Overtime Laws provide for the payment of overtime pay compensation based on a multiple of employee’s regular rate of pay (time and a half) for the hours above statutory maximum (over 40 hours per week)—this includes over 8 hours per day under overtime law in California. So keep those records on your own.
Safeguard #2 Save e mails, memorandums, handbook materials and any other proof in which the management asked you to work overtime or indicates by date stamp that you worked overtime.
Safeguard #3: Note down witnesses or others that also worked overtime, on what projects they worked and the start and finish dates.
Even though the burden of timekeeping is on your employer, this evidence will assist you if you ever have to present it to attempt to win an overtime claim, and the payoff is big!! Employers can be sued for violating California Overtime Laws.
Extra Information of Interest: California Overtime Laws require employers to authorize rest periods of specific minimum duration (usually 10 minutes of paid rest for every 4 hours worked). No employer can require an employee to work during any rest or meal period under IWC wage order and California Overtime mandates. An employer which fails to provide rest or meal periods required by an applicable wage order must pay the employee one additional hour of pay at the employee’s regular rate of pay for every work day the rest or meal period wasn’t offered (or overtime pay). Under California Overtime Laws, IWC Wage Orders define “hours worked” to include time worked during which an employee is subject to the control of the employer (this includes time the employee is permitted to work or suffers as far as overtime pay).
