California Overtime Rules
Overtime rules in California provide that employees are entitled to overtime pay for working more than 8 hours in a day or 40 hoursa week.
An 8-hour period constitutes a day’s work. Working beyond those hours,or more than 6 days in a week, is allowed as long as the employee iscompensated for overtime pay.
An employee working beyond 8 hours should be paid and one-half times his or her regular rate of pay. This includes the first 8 hours of work on the seventhconsecutive working day in a workweek and beyond the 8 hours (up to 12 hours) in any workday.
An employee’s rate of pay is doubled when he or she works beyond 8hours of the seventhconsecutive working day in a workweek and beyond 12hours in any workday.
Everybody has the right for overtime pay unless the worker is categorized as being exempt. An employee will be deemed to be an exempt worker if the employee’s job duties fall under one of California’s narrow statutory exemptions.These exemptions include computer professionals,administrativepersonnel,executives and professionals. However, these exemption rules are sometimes difficult to understand,and many employers misclassify their employees.You should consult with a labor law attorney if you have any question as to whether you are exempt or non-exempt.
Unauthorized Overtime
An employer may dictate his or her employee’s work schedule as well asnumber of hours to be worked. An employer may discipline the employees if they violate thecompany’s policy of working overtime without prior company approval. However,California law still requires employers to pay overtime for theexcess hours that the employees worked, regardless of whether or not theovertime work was authorized. The rate of one and a half times of theemployee’s regular rate must be paid for hours worked beyond 8 hours to12 hours of work. The overtime rate goes up to double theemployee’s regular rate to the extent that the employee works in excess of12 hours.
Overtime Pay Schedule
California Labor Code Section 204 states that overtime salaries mustbe given to workers not later than the payday of the next payroll periodafter the overtime was rendered. If the employee is paid on a weekly or biweekly basis, overtime pay maybe delayed to not more than 7 calendar days upon closing of the payrollperiod.
Waiver
California Overtime Rules require that allemployees are entitled to get their overtime compensation. Any waiver oragreement will not prevent a worker from getting his overtime pay.
If you believe that your employer is violating California Overtime Rulesand Overtime Pay, you can either file a wage claim to the Division of Labor Standards Enforcement (Labor Commissioner’s Office) or file a lawsuit in court against your employer. However, it’s a good idea first toseek legal advice from a California labor law attorney. Contact me today for a NO FEE CONSULTATION. I will speak with you personally- unlike most other law firms that will make you first speak with a receptionist or paralegal.
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