Non-exempt employees in California must be paid double time wages whenever they work more than 12 hours in one workday. Double time wages must be paid at the rate of twice the employee’s “regular” rate of pay.
For example, take John. John makes $14 per hour as a construction worker. If John works 14 hours in one workday, he must be paid two hours of double time wages, in addition to eight hours at his normal rate of pay, and four hours of overtime wages (in California, overtime wages must typically be paid when a worker works more than eight hours in one workday or 40 hours in one week). In total, John must be paid $252 for that workday ($112 at his normal rate of pay, plus $84 in overtime wages and $56 in double time wages). If John’s employer does not pay him double time wages, John could file a double time wage claim to collect the unpaid double time.
Double time wage claims are common in office settings. Many employers do not pay double time wages because they want to reduce payroll costs. If your employer used this excuse when failing to pay you double time wages and you are no longer employed by that employer, you may win on a claim for “waiting-time penalties” if you bring a double time wage claim. Waiting-time penalties, which are found in Labor Code section 203, may be awarded to an employee who can show that their employer “willfully” failed to pay them all wages owed at the end of their employment. The excuse that the employer just wanted to reduce payroll costs shows that the employer knew that double time wages were owed, so the employer would have a hard time showing that their failure to pay double time was not intentional or willful.
"Strauss & Strauss represented me in several cases against a former employer. They were taking on a Fortune 500 company that employed some of the world's biggest law firms. Michael Strauss and Andrew Ellison beat them every time."Stephen Craig
- Ayala v. Terminix International, Inc.
- Bankwitz v. Ecolab Inc. - Territory Manager Overtime Lawsuit
- Bautista v. Alliance Environmental Group
- Berry v. DCOR, LLC
- Bognuda v. Great White Dental
- Campos v. Ecolab Inc. – California Route Sales Manager (RSM) Lawsuit