Does your employer owe you overtime pay? Whether you're eligible for overtime pay first depends on whether you're considered exempt or non-exempt--however, you might be "exempt" but based on your actual job responsibilities, you still may be eligible for overtime pay. California overtime pay violations include not being paid for working extra hours or for work done "off the clock", and not being given or compensated for meal breaks.
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Understanding California Overtime Laws
What counts as overtime? The state of California has more stringent overtime pay laws than most other states. California overtime laws ensure that workers receive overtime pay if an employee works more than 8 hours a day, and must receive twice the standard rate of pay for any work over 12 hours in a day.
As well, if an employee works 7 consecutive days, he must be paid 1.5 times the usual rate for the first 8 hours worked on the seventh consecutive work day, and double time for any hours worked over 8 hours on the seventh workday. Of note, California employees paid salary or hourly may be eligible for overtime pay, whether they are paid weekly, bi-weekly or monthly. Being paid on salary does not automatically make an employee exempt from California overtime pay. Unpaid overtime is a serious violation of California overtime law.
*** Important information about Meal Breaks and Rest Breaks ***
Meal Breaks. According to California labor law, an employee may not work for more than five hours per day without a meal break of not less than thirty minutes. If the workday is no more than six hours, the meal break may be waived by mutual consent of both the employer and employee.
If an employee works more than ten hours a day, a second meal period of not less than thirty minutes is required. If the total hours worked is no more than 12 hours, the second meal period may be waived by mutual consent of the employer and employee only if the first meal period was not waived.
Rest Breaks. California labor law requires that non-exempt workers receive a 10-minute paid rest period for every four hours worked. It is recommended that the rest period be in the middle of the work period. If an employer does not provide a rest break, California labor law states that the employer shall pay the employee one hour of pay at the employee's regular rate of pay for each workday that the rest period is not provided.
The links below provide information about your specific California Overtime concern:
Overtime Misclassifications
Overtime Guidelines
Premium/Overtime Pay
Bank centers (local kiosk)
Call Centers
Retail and Restaurant Misclassification
Property Managers
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.
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 - Who is Exempt?
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".
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.
Bank centers (local kiosk)
Employers typically hire minimal staff at satellite bank locations, such as bank kiosks in malls, or as add-ons to major grocery stores. Adhering to the scheduled bank hours of operation, bank center staff is often forced into an unpaid overtime situation, without meal breaks or even any breaks over an 8-hour shift.
Call Centers
A number of call center unpaid overtime class action lawsuits are currently pending in the United States District Court, and several wage and hour class action lawsuits have been filed against California call centers, claiming that call center employees are not paid for the time spent logging into their computer systems and all required programs before and after their shift.
The California class action lawsuits allege that, if you are required and/or permitted to come into work early so you can be completely logged into your computer and the necessary programs before the official start of your shift, then you should be paid overtime pay for that pre-shift work time. As well you should also be paid overtime pay if you have to stay after your scheduled shift to log out of your system. These class action lawsuits typically cover call center employees in the last four years and currently.
Retail and Restaurant Misclassification
California Assistant Store Managers and Restaurant Assistant Managers working on salary over 40 hours a week, and who perform non-exempt duties are entitled to overtime pay. Federal law mandates overtime pay for retail and restaurant workers for performing non-exempt work.
If you are an Assistant Manager, Assistant Store Manager, Co-Manager, Assistant Retail Manager, or are in a similar assistant manager job position and do not get paid for working overtime, you may be owed overtime back pay for being wrongfully misclassified as an exempt employee. Many major US retailers have misclassified assistant managers as exempt. If you are a current or former assistant manager at a retail outlet, including Williams Sonoma, Pottery Barn, Restoration Hardware and dozens of other major retailers, you may be owed Back Pay for being wrongfully misclassified as an exempt employee.
Property Managers
If you are a property manager and do not supervise anyone, and do not have independent discretion, are paid hourly, or are asked to work "off the clock" and do not fall into a particular exemption category, you may be entitled to California overtime pay.
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.
Last updated on May-22-12 |
CALIFORNIA OVERTIME ARTICLES AND INTERVIEWS
Class Action Lawsuit Attempts to Clean Up the Car Wash
 Los Angeles, CA: One would think that a car wash industry rife with violations of overtime pay laws could once and for all expunge the issue from its reputation, towel off and move on. But no, it appears California car wash workers remain exposed to exploitation over hours of work, meal breaks and overtime pay [READ MORE]
Employee Duped, Not Paid California Overtime
 Sacramento, CA: If you are promised California overtime, wage and hour attorneys advise that you get it in writing. Not paying overtime is one of the most common California labor law violations [READ MORE]
Nurses at California Hospital Vote to Join Union
 Tracy, CA: Statutes, which provide ongoing guidance and governance for employers and how their employees are treated and managed according to state laws, are often stronger when a union comes into play. Now, an employer is dealing with a collective speaking as one voice, rather than a series of individuals. Adherence to overtime pay laws and other legislation governing employees in the workplace tends to be more consistent in a union shop [READ MORE]
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