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Unpaid OT violation of CA labor law

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While the recent strikes by fast-food workers in 60 cities across the country have brought the issue of overtime pay to the forefront, the restaurant industry is not the only sector affected by the problem.

Across all industries, American workers lose approximately $30 billion a year to wage theft, which is a term used to describe illegal practices that deprive employees of their lawful wages.

In California, overtime pay laws are more strict than in other states and even those employees who might be classified as OT exempt may still be eligible for additional pay.
According to the Department of Industrial Relations, an employer must pay one and a half times a worker's regular rate of pay for hours worked over an 8 hour day or a 40 hour week. Double-time also applies in certain cases, including time worked beyond seven consecutive days.

California labor law also states that employees are entitled to a 30-minute meal break after five hours of work and a second meal break within a 10-hour day. Employers are also required to provide non-exempt employees a 10-minute paid rest break for every four hours worked.

And the labor law in the Golden State requires that the rate that overtime is paid is calculated to not only include hourly or salary wages, but also wage augments such as commissions or non-discretionary bonuses as well.

Workers who feel they have been cheated out of overtime may want to contact a lawyer who specializes in California labor laws to help them recoup the money they should be compensated for.
 



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