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California Overtime Law
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 both be eligible for overtime pay, whether paid weekly, bi-weekly or monthly. Despite many myths, salary does not automatically mean an employee is exempt/not qualified for overtime pay.
OVERTIME ARTICLES AND INTERVIEWS California Overtime: The Labor Board is on your side
 Apadoca, MX: In 1996, Barry realized his dream: with a friend, he opened Dive Connections Inc., which chartered boats for scuba divers near San Diego. Not even in his wildest dreams did Barry think that he would one day have to sue his own company for California overtime violations. [ Read More ]
California Overtime: Company Didn't Do Lunch
 Sacramento, CA: Diane had been working 10 years for an inventory company when she received a memo about mandatory lunch breaks. "Every employee was told that anytime we were going over 5.5 hours, we were required to have lunch," she says. According to California overtime laws, Diane and her co-workers are entitled to overtime compensation—a lot. [ Read More ]
Unpaid California Overtime 101: It’s Soooo Easy…
 Los Angeles, CA: Okay, so you’re working away at work, happy as a clam, oblivious to any potential slight-of-hand your employer might be wielding against you in an effort to avoid paying what is your due. In this way, you may be a victim of unpaid California overtime, and not even know it. [ Read More ]
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OVERTIME IN THE NEWS
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JUN-20-08: Bank loan officers claiming they worked more than 40 hours per week without overtime compensation receive $14 million settlement. [MONDAQ: INSURANCE OVERTIME]
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JUN-01-08: Unlike many states, California has a "daily" overtime standard, which requires employees to be paid overtime if they have worked more than a set number of hours in a day. [PALLET ENTERPRISE: OVERTIME RULES]
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MAY-20-08: Drivers of a California shuttle company have filed a class action lawsuit alleging they were not properly paid for working overtime. The plaintiffs allege the company misclassified them as independent contractors to avoid paying overtime wages. [SACBEE: SHUTTLE OVERTIME]
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SEP-25-07: Major employers such as Wal-Mart, Starbucks, IBM have been repeatedly sued by employees seeking compensation for unpaid overtime. [NEWS INFERNO: OVERTIME LAWSUITS]
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AUG-14-07: A car wash in California is being sued by an employee who alleges he was not paid for overtime work and was told he must work for a month without any pay. The plaintiff, who seeks class-action status for his lawsuit, further claims he was told that if he made a fuss he would be deported. [VENTURA COUNTY STAR: OVERTIME CAR WASH]
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JUL-24-07: A former IBM sales rep in California has filed a class action lawsuit against the company for unpaid overtime and other benefits. The plaintiff claims he and other workers were misclassified as exempt from overtime pay. [INFORMATION WEEK: IBM UNPAID OVERTIME]
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Limo companies are not paying drivers on the clock for all hours spent in the company vehicle.
Most limousine companies in California only pay their drivers for whenever they have a client in the vehicle. Time spent waiting at the airport for a client's flight to arrive and travel time when the driver is alone in the company vehicle are times when the driver is not compensated. This happens at most of the smaller companies that only operate in one area. I have never driven for a nationwide ..
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THE TIME CLOCK IS ENCRYPTED FOR EMPLOYEE SCHEDULE
I just completed 3 months with a vocational nursing school in Orange County, CA as a tutor, success coach. I noted that my checks were less than 80 hours and kept asking what was going on. I was told that the time clock was encrypted with our work schedule and the clock would automatically dock me if I was late for work but would nver give me any time after 5:00 P.M.
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Overtime Misclassifications
California employees paid salary or hourly may both be eligible for overtime pay, whether paid weekly, bi-weekly or monthly. Despite many myths, salary does not automatically mean an employee is exempt/not qualified for overtime pay.
 The duties test is met by the actual work being done as opposed to "job titles" or written "job descriptions."
Qualifications for overtime pay: To qualify for overtime pay, an employee must be classified as a non-exempt employee. Positions that are classified as administrative, professional, or executive are typically exempt from overtime and must meet the requirements of a salary basis test and duties test.
Exempt employees are not eligible for overtime pay, meal and rest period requirements, uniform requirements, and other protections of the Industrial Welfare Commission Orders.
Overtime Guidelines
Examples of Exempt Status guidelines include:
To be Exempt as an Administrative Employee - one requirement specifies that 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 - one requirement specifies that an employee's primary duties must consistently utilize discretion and judgment, performing work which is predominantly intellectual and varied.
To Be Exempt as an Executive Employee - one requirement specifies that an employee must regularly direct the work of two or more other full-time employees and have management as his/her "primary duty".
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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.
Doubletime equals two (2) times an employee's regular rate of pay for hours worked over twelve (12) in a workday or for hours over eight (8) on the seventh day of the work week.
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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 Jul-18-08
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