What are the laws governing the payment of overtime?
In California, overtime pay is governed by the California Overtime Law. This law stipulates that all non-exempt employees must be paid 1.5 times their regular rate of pay for any hours worked beyond 8 hours in a workday or 40 hours in a workweek. Additionally, if employees work more than 12 hours in a workday, they must be paid double their regular rate of pay. Employers must also provide meal and rest breaks. Employees who work more than 5 hours in a workday are entitled to a 30-minute unpaid meal break. For any workday that is longer than 10 hours, employees must have a second 30-minute meal break. There must be a 10-minute paid rest break for every 4 hours worked. If an employer fails to comply with the California Overtime Law, the employee can file a complaint with the California Division of Labor Standards Enforcement. The division will investigate the complaint and if it finds that the employer violated the law, it may order the employer to pay the employee the unpaid wages. Additionally, the division may impose fines and civil penalties against the employer.
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