California law requires that employees be properly paid for all hours worked, including overtime and reimbursements for job-related expenses. Unfortunately, violations in both areas are common and often go unnoticed by workers.
At Seligson Law, we help employees across California recover the pay and reimbursements they’ve rightfully earned. Many workers don’t realize they’re owed additional compensation for unpaid overtime or unreimbursed expenses, and employers often rely on that lack of awareness.
If you’ve been working extra hours without proper pay, or paying out-of-pocket for work expenses, you may have a legal claim under California law. Having legal representation can make the difference between a denied claim and a successful recovery.
Overtime Pay in California
Under California overtime law, most hourly employees (also called non-exempt employees) must be paid:
- Time and a half for any hours worked over 8 hours in a single day or over 40 hours in a week.
- Double time for hours over 12 in a single workday, or for certain hours worked on the seventh consecutive day of a workweek.
Unfortunately, many workers don’t receive the overtime pay they’ve earned. Common violations include:
- Employers misclassifying employees as salaried
- Failing to keep accurate time records
- Expecting employees to work off the clock before or after their shifts
At Seligson Law, we are committed to holding employers accountable when they violate California’s wage and hour laws.
What Expense Reimbursement Rights Do You Have?
California Labor Code section 2802 requires employers to reimburse employees for all necessary business expenses incurred in the course of their work. This includes costs such as:
- Gas and mileage for driving your personal car for work
- Cell phone bills if you use your phone for job-related communication
- Internet expenses when working remotely
- Uniforms
- Tools
- Home office equipment
If your employer requires you to travel between job sites, use your own vehicle, or purchase supplies for work, they must cover those costs. California law is clear: employers cannot shift the burden of work-related expenses onto employees or expect workers to pay out of pocket for job-related needs.
Protecting Your Rights
If you suspect you’ve been denied overtime or expense reimbursements, you can strengthen your case by:
- Keeping detailed records, including timesheets, mileage logs, receipts, and any communications about your pay or expenses.
- Submitting all reimbursement requests in writing to create a clear paper trail.
- Being aware of the deadlines, as you generally have three years to file most reimbursement claims and four years under certain unfair business practice claims.
- Speaking with an employment lawyer early so we can review your situation, preserve important evidence, and fight for the full amount you are owed.
Contact Us at Seligson Law Today
If you believe you’ve been denied overtime pay or expense reimbursements, you may be entitled to compensation, penalties, and interest. Our firm has successfully recovered unpaid wages and reimbursements for workers across a wide range of industries.
Contact us today for a free consultation with a California wage and hour attorney! We can help you understand your rights and pursue the pay you’ve earned.
FAQs
1. Who qualifies for overtime pay in California?
Most hourly (non-exempt) employees qualify for overtime. Some salaried workers may also qualify, depending on their job duties and pay structure.
2. How is overtime calculated?
Overtime is generally 1.5 times your regular hourly rate for eligible hours, or double your rate for certain longer workdays or consecutive workweeks.
3. What if my employer says I am exempt from overtime?
Some employees are misclassified as exempt. A lawyer can review your job duties and pay to see if you should be receiving overtime.
4. Can I still claim overtime if I didn’t get pre-approval for extra hours?
Yes. If you worked the hours, you are generally entitled to be paid for them, even if the employer did not approve them in advance.
5. What evidence helps in an overtime claim?
Timesheets, pay stubs, work schedules, and communications about your hours can help prove unpaid overtime.
6. How can a lawyer help with an overtime dispute?
A lawyer can review your records, calculate what you are owed, file a claim, and represent you in negotiations or court to recover unpaid wages and penalties.
