There was a time that the employers had all the power. As time went on, workers organized, unionized and began to fight for—and receive—fair wages and other protections. Now, there are rules and regulations on the books to make sure workers are safe and fairly compensated. Nowhere is this more evident than when it comes to unpaid overtime, California. If you feel you deserved—but were not paid—overtime, there are employment law attorneys in California able to help you seek the redress you deserve.

The term “employment law” covers many different areas related to the relationship between employer and employee. They pertain to (i) the employment application process, (ii) lunch breaks, and (iii) unpaid overtime California.

Once you are employed, your regular rate of pay only applies to the first forty (40) hours you work per week. If you work over 40 hours, your boss must pay you overtime.

The law requires that if you work more than eight (8) hours in a day or forty (40) hours in a week, your rate of overtime pay cannot be less than one and a half times your regular pay rate per overtime hour worked. And this is not limited to base pay, but also includes commissions and other earnings. Believe it or not, even when overtime is not authorized by your employer, he still must pay you. He may discipline you for disobeying rules, but he still has to pay up.

Factors involved in calculating overtime pay and determining when someone is eligible to include (i) discretionary vs. non-discretionary bonuses, (ii) salaried vs. hourly employees, (iii) your actual work schedule, and so on.

If you suffer unpaid overtime California, there are certain options for recovery including (i) filing a wage claim with the Division of Labor Standards Enforcement, or (ii) filing a lawsuit in court against your employer in to recover the lost wages. When it concerns former employers, you can make a claim for the waiting time penalty pursuant to Labor Code Section 203, which will be followed by hearings and/or a trial to determine what, if any, recovery you are entitled to.

With all these rules to protect you, the employee, there is a great chance at recovery. However, all these rules mean there could be a lot to miss. Missing certain procedural requirements could mean that you will recover nothing, or at least significantly less than you may deserve. For this reason, it is crucial to retain an attorney experienced in employment law in California.