Some California Workers Should Receive Overtime if They Work More than Six Days in a RowCalifornia Overtime Labor Laws: 7 Day Overtime Rule

Berger Montague is investigating potential class action lawsuits on behalf of California employees who worked more than six days in a row without overtime pay.

About the Law:

California employers are prohibited from requiring an employee to work more than six days in a row. If an employee does work for more than six days in a row, the first eight hours worked on the seventh day must be compensated at 1.5x the normal hourly wage. Any time worked beyond the first eight hours must be compensated at 2x the normal hourly wage.

Does the law apply to all California employees?

The law does not apply to employees who are:

• Working under a collective bargaining agreement
• Doctors, surgeons, private school teachers, or computer software employees
• Exempt employees (e.g. those who receive a salary and are not eligible for overtime)
• Part-time employees.

Are these cases successful?

Yes, there have been many successful cases. For example,

• Lowe’s: In June 2011, Lowe’s agreed to pay $600,000 to a proposed class of former employees who accused the company of consistently requiring them to work more than seven consecutive days without overtime pay.
• CVS: In February 2016, CVS Pharmacy paid $7.4 million to more than 1,600 pharmacists to end three separate class actions accusing the company of illegally forcing employees to work seven days in a row without overtime pay.

Do I have to pay to consult with an attorney?

We are happy to talk with you about your potential claims free of charge. If we decide to represent you in a lawsuit, we will enter into a written contingent fee agreement with you. A contingent fee agreement means we only get paid if we win, and that we will receive our fees from the amount paid by the Defendant in the case.

To contact us, you can use the contact form on this page, email info@bm.net, or call 800-419-6044.

Berger Montague is one of the nation’s preeminent law firms focusing on complex civil litigation, class actions, and mass torts in federal and state courts throughout the United States. The firm is a national leader in the fields of antitrust, commercial litigation, consumer protection, defective products, environmental law, employment law, securities, and whistleblower cases, among many other practice areas. For more than 55 years, Berger Montague has played lead roles in precedent-setting cases and has recovered over $50 billion for its clients and the classes they have represented. Berger Montague is headquartered in Philadelphia and has offices in Chicago, Minneapolis, San Diego, San Francisco, Toronto, Washington, D.C., and Wilmington, DE.