Your employer must pay you for all the regular hours that you work, up to your full-time schedule. If you work hours beyond that, you should receive overtime pay. For nonexempt employees in California, any work time that exceeds 8 hours in one day or 40 hours in one week receives the overtime rate, which is 150% of your hourly wage. If you work more than twelve hours in one day or 8 hours on any 7th consecutive day, you receive double time.
If you did not receive your payment, either regular or overtime, your employer must pay the missing compensation. If your employer fails to pay overtime at the correct rate you may have a legal claim. In addition to missing wages, your employer may also owe you penalties.
Back pay
Back pay is the actual unpaid wages that your employer owes, based on the correct calculations of hours worked and pay rates. The amount of money owed for back pay may depend on the type of violation and the actions of the employer.
Interest
Unpaid wages accrue interest that your employer must also pay you. California calculates this interest at up to 10% annually.
Additional damages
If you were not given the appropriate rest or meal breaks, you may receive damages for them as well. The rate is one hour’s pay for each missed break.
Attorney’s fees
if the courts find that you are in the right, you can recover repayment for reasonable attorney’s fees and court costs.
If your employer did not pay you for your work, you should claim your pay in court.
