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MR. JEFFREY T. ROBERTS: If you're an employee there are two situations where you would be entitled to overtime payment, and if you haven't received overtime payment would be entitled to pursue a claim against your employer. The first situation is when you're categorized as a manager by your employer and, in fact, your duties are far more administrative and without much management discretion. In that case, any time that you've worked over 8 hours in a day or 40 hours in a work week you're entitled to overtime compensation.

The second situation in which you would be entitled to overtime compensation is when you either work more than 8 hours in a day or 40 hours in a work week. In that circumstance you are entitled to time and a half for every hour you work over 8 hours in a day or 40 hours in a work week. California law requires employers to provide their employees with a half hour lunch break for every 8 hours they work, as well as two 15-minute breaks, one in the morning and one in the afternoon. If your employer is not allowing you to take these breaks you are entitled for compensation for the time that you've worked through those breaks. You also are entitled to penalties, as well as attorney's fees that you would spend to get that money.