When you work overtime in California, you expect your employer to pay you the overtime money you earned as soon as possible. This money is important to you and your family, and often means the difference between getting some little extras and having to forego them. But when exactly do you get your overtime pay?
In general, your employer must pay you your overtime pay at the same time you get your regular pay. For instance, if you get paid twice a month, your first paycheck, which you must receive by the 10th of the month, should represent the work you did, including overtime, between the 16th and the end of the previous month. Your second paycheck, which you must receive by the 26th of the month, should represent the work you did, including overtime, between the first and the 15th of the current month.
If your employer has a different pay period policy, you must get your wages and overtime pay within seven days after the period during which you performed the work. However, this applies to hourly workers only. If you are an executive, professional or administrative employee, your employer can pay you on a monthly basis.
Overtime hours and amounts
Per the Fair Labor Standards Act, your employer must pay you a minimum of 1-1/2 times your regular pay rate for each hour you work above 40 hours in a one-week, i.e., 7-day, period. In this context, “week” means your regular work week, not necessarily a calendar week. For example, if you normally work Wednesday through Sunday with Mondays and Tuesdays off, your work week runs Wednesday through Tuesday rather than Monday through Sunday.
Overtime pay glitches
Mistakes happen, and should you come up short on your paycheck, report the shortage immediately to your employer. (S)he must pay you your “late” overtime in your following paycheck. It should show up on your paycheck as a separate amount with a notation stating the pay period during which you earned it.