Leading California law firms are investigating overtime law violations and providing free case evaluations for California employees who are due overtime wages. California employees paid salary or hourly may be eligible for overtime pay, whether they are paid weekly, bi-weekly or monthly. Salary does not automatically make an employee exempt from California overtime pay.
Overtime Misclassifications
Overtime Guidelines
California Unpaid Overtime
Premium/Overtime Pay
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Overtime Misclassifications
California employees paid salary or hourly may be eligible for overtime pay, whether they are paid weekly, bi-weekly or monthly. A common misconception is that an employee on salary is automatically exempt from overtime pay. This is not necessarily the case—a salaried employee may still qualify for overtime pay.
 One of the tests to determine eligibility for overtime pay is the "duties test." The duties test is met by assessing the actual work being done as opposed to just looking at job titles or written job descriptions. An employee must be doing work that is mainly administrative, professional or executive in nature to be exempt from overtime. However, simply being called an "administrative employee" does not make a person exempt from overtime pay. An employee must also make a minimum amount of money a year and must be paid salary.
Exempt employees are not eligible for overtime pay, meal and rest period requirements, uniform requirements, and other protections of the Industrial Welfare Commission Orders.
Some employees are either accidentally or purposely misclassified as exempt from overtime pay. Either way, if they have been misclassified as exempt from overtime pay, they still deserve to be paid overtime and they deserve compensation for unpaid overtime.
Overtime Guidelines
Examples of Exempt Status guidelines include:
To be Exempt as an Administrative Employee - an employee must perform non-manual work as their primary duty, directly related to management policies, general business operations or perform work in educational administration.
To be Exempt as a Professional Employee - an employee's primary duties must consistently involve discretion and judgment, and performing work which is predominantly intellectual and varied.
To Be Exempt as an Executive Employee - an employee must regularly direct the work of two or more other full-time employees and have management as his/her "primary duty".
California Unpaid Overtime
Leading California law firms are investigating overtime law violations and providing free case evaluations for California employees who are due overtime wages. California and US employment laws protect an employee's civil rights with specific guidelines for overtime pay.
With new state regulations coming out each year and with a new federal overtime pay law established in 2004, employers often misclassify employees, intentionally or accidentally, to avoid paying costly overtime wages.
Premium/Overtime Pay
According to the Department of Industrial Relations, a California employer must pay overtime, whether for authorized or unauthorized overtime hours, at the following rates:
Overtime equals one and one half (1.5) times an employee's regular hourly rate of pay for hours worked over eight (8) in a workday or over forty (40) hours in a work week.
Double-time equals two (2) times an employee's regular rate of pay for hours worked over twelve (12) hours in a workday, or for hours worked over eight (8) hours on the seventh day of the workweek.
California Overtime Lawyer
If you work in California and you feel that you are owed overtime pay, you may qualify for damages or remedies that may be awarded in a possible unpaid overtime class action or lawsuit. Click on the link below to submit your Unpaid Overtime complaint.
Posted on Feb-3-04
Updated on Feb-7-10 |
YOUR CALIFORNIA OVERTIME STORIES
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Apple Valley, CA: Patrick used to work 50 hours a week with overtime pay, but then his employer started scheduling him 10 hours a day, four days a week—without overtime pay. Patrick wants to know if he’s still entitled to California overtime. [ 
Hollywood, CA: Employees in three different states—including California—have taken a security company to task over allegations of unpaid overtime and other violations of state and national labor laws. [ 
Riverside, CA: If you work in California and do not receive proper minimum wage or overtime pay, you aren’t alone. A study recent study conducted by researchers at UCLA found almost 90 percent of low-wage workers in Los Angeles County are regularly victimized by employers who violate California labor laws. [ 
