My Employer Is Withholding Overtime Pay. Is This Legal?

The right to proper pay for your hard work isn’t just common sense; it’s the law. Yet, many employees in California experience withheld overtime compensation, leaving them frustrated and uncertain about their rights. If this sounds familiar, you’re not alone. Understanding your rights as a worker is the first step to protecting yourself and ensuring you’re fairly compensated. At the Law Offices of Alan F. Cohen, we’re here to clarify your rights and help you take action if your employer isn’t paying overtime correctly. 

Is Withholding Overtime Pay Legal in California?

Simply put, no. Under both state and federal laws, withholding overtime pay is illegal. The State of California has some of the strongest worker protections in the country, ensuring employees receive fair compensation for their time. The Fair Labor Standards Act (FLSA) and California Labor Code mandate that non-exempt employees must be paid one and a half times their regular rate for any hours worked over 8 hours in a day or 40 hours in a week. For employees working more than 12 hours in a single workday, California law requires double-time pay. 

If your employer isn’t paying overtime as required by law, they are violating your rights. Whether it’s underpaying or intentionally withholding overtime wages, these actions can have serious legal consequences. 

Employee Protections in California

California law provides robust protections to ensure workers are compensated fairly. Here’s what you need to know about your rights as an employee working overtime in the state: 

1. Mandatory Overtime Compensation. If you’re classified as a non-exempt employee, your employer must pay you overtime at the stipulated rates. This applies regardless of whether your employer is experiencing financial difficulties or believes overtime wasn’t “authorized.” 
2. Rest Breaks and Meal Periods. Beyond overtime pay, you’re entitled to meal breaks and rest periods during your shift. For every 5 hours worked, employers must provide an unpaid meal break of at least 30 minutes, and employees working more than 10 hours must be provided with two meal breaks. Failing to provide breaks can lead to additional penalties for your employer. 
3. Prohibition of Retaliation. If you assert your right to unpaid overtime, your employer cannot retaliate against you. Termination, demotions or any form of harassment in response to your request for rightful wages are strictly prohibited under California law. 

What Are Employers Required to Do?

Employers are legally obligated to keep accurate and transparent records of the hours worked by their employees. This includes documenting the regular and overtime hours you’ve worked. They must also provide itemized pay stubs detailing your earnings—including overtime pay. Failure to comply with these responsibilities puts employers at risk of legal liability. 

Contact the Law Offices of Alan F. Cohen

If your employer has withheld your overtime pay, it’s time to act. You’ve worked hard, and you deserve every cent of what you’ve earned. The Law Offices of Alan F. Cohen is experienced in employment law cases like yours. Contact us today to discuss your case.