Double-time pay laws vary by state. Most states do not have any double-time laws. It is essential to note the difference between overtime and double-time, as the laws surrounding each differ drastically. If an employee’s rights to compensation have been violated, a workers’ rights attorney can help.
What Is Double-Time Pay?
Double-time pay (aka Golden Time) is a form of overtime pay in which the employer pays twice the employee’s regular wage. In California, certain workers are eligible for overtime and double-time wages. Employees who are at least eighteen years old are eligible. In addition, minor employees are eligible if they are sixteen or seventeen, not required to attend school, and are also not prohibited by any other law from engaging in the work.
Any hours worked over eight hours in a single day or over forty hours in a designated workweek constitute overtime. Overtime is due when employees work more than eight hours, but not more than twelve hours, in a given workday. Overtime is also due for the initial eight hours worked on the seventh day worked in succession.
Double-time is due when the employee has worked more than twelve hours in a given workday, and it is also due for all hours that exceed eight hours on the seventh day worked in succession.
What Is the Difference Between Double-Time and Overtime?
Overtime pay is time and one-half of the employee’s regular wage, while double-time is twice the employee’s regular wage. Overtime pay under federal regulations does not include any requirement for payment of double-time .
California law, however, does require that employers pay overtime at a double-time rate for hours worked over 12 per day or over 8 hours on the seventh consecutive day worked. Even if the employer does not specifically authorize work, it may be liable for payment of overtime if it knew or should have known the work was being done. So long as they pay the legally required premiums, employers may require employees to work mandatory overtime. Additionally, employees are prohibited from waiving their rights to overtime. If an employee is asked to waive overtime rights, the employer is in violation of the law.
What If My Employer Fails to Pay Me for Double-Time?
If an employer fails to compensate an employee for overtime work or fails to follow double-time wage guidelines, they are in violation of the law. Employees can file a claim with the Division of Labor Standards Enforcement, or they can hire their own private attorney to file a lawsuit in court to recover unpaid wages.
Employees who suspect or know that they have been denied overtime or double-time pay should seek the help of a skilled attorney before filing a claim. Workers’ rights attorneys are well-versed in the laws surrounding double-time and overtime laws and can help employees traverse the strict guidelines dictating their rights.
Speak with a Workers’ Rights Attorney at the Lore Law Firm for Assistance with Your Claim
Navigating the laws at both the state and federal level can be tricky. Employees who believe that their rights to double-time pay have been violated should seek the assistance of an experienced attorney.
The talented team at the Lore Law Firm has helped countless employees receive millions of dollars in compensation for lost wages over the past twenty-five years. The attorneys at the Lore Law Firm are familiar with the complexity of workers’ rights laws, and they can help you obtain lost wages. For a free review of your situation, visit their website and fill out the free contact form or call 713-782-5291.