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. Despite many myths, salary does not automatically mean an employee is exempt from California 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. Additionally, a common misconception is that an employee who is 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." Basically, an employee must be doing work that is mainly administrative, professional or executive in nature in order to be exempt from overtime. However, simply being called an "administrative employee" does not make a person exempt from overtime pay.
Furthermore, to be exempt from overtime pay, an employee must 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 Nov-20-09 |
CALIFORNIA OVERTIME ARTICLES AND INTERVIEWS
State workers earn double through California overtime pay
 San Francisco, CA: A small group of workers in the Golden State are making more than double their annual salaries due to a lack of comprehensive California overtime laws regulating the amount of overtime an employee can work. [ Read More ]
California Employees Misclassified as Exempt from Overtime Pay
 San Jose, CA: With the economy as it is, it is no wonder that many employees are working extra-long hours to earn a little extra money, thanks to California overtime laws. However, some employees are learning that overtime pay in California is not all it is cracked up to be—especially when their employers misclassify them as exempt from overtime. [ Read More ]
Wells Fargo Faces California Overtime Class Action Lawsuit
 San Diego, CA: California overtime laws are designed to ensure that employees who work extra hours receive overtime pay in California. However, despite California employee overtime laws, some people find they are not properly paid for additional hours they work, causing them to file lawsuits to ensure they receive appropriate compensation. [ Read More ]
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