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California Overtime Violations

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Does your employer owe you for unpaid overtime? Whether you’re eligible for overtime pay depends on whether you’re considered exempt or non-exempt. However, your employer might classify you as “exempt,” but according to overtime pay laws, you still may be eligible based on your actual job responsibilities. California overtime law violations include unpaid overtime for working extra hours or for work done “off the clock,” and not being given or compensated for meal breaks.


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California Overtime Laws

What counts as overtime? The state of California has more stringent overtime pay laws than most other states. 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 California• Overtime: one and one half (1.5) times an employee’s regular rate of pay for hours worked over eight (8) in a workday or over forty (40) hours in a workweek.

• Double-time: 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.

If an employee works seven consecutive days, he or she must be paid 1.5 times the usual rate for the first eight hours worked on the seventh consecutive workday, and double time for any hours worked over eight hours on the seventh workday.

Minimum Wage

As of January 2016, in the state of California, minimum wage is $10 per hour, and more in some cities. For instance, San Francisco minimum wage is now $12.25 per hour, increasing to $13.00 per hour on July 1, 2016. San Jose is $10.30 per hour, Oakland is $12.55 per hour, and San Diego is $10.50 per hour. Some employers may find this increase in hourly pay rate difficult but it is the law for everyone, including illegal immigrants (see Outdoor Workers below).

Overtime & Bonuses

California labor law requires that the rate of pay on which overtime pay is calculated include hourly wages, salaries and wage augments, such as shift differentials, non-discretionary bonuses, commissions or piece-rate pay if received by the employee. To calculate overtime on hourly wage only is an overtime bonus violation.

Meal Breaks & Rest Breaks

Missed meal breaks are a common complaint in overtime lawsuits:

Calfornia Overtime• Meal Breaks: According to California labor law, an employee who works for more than five hours per day must receive a meal break of not less than 30 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 10 hours a day, a second meal period of not less than 30 minutes is required. If the total of 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.

Exempt Employees & Misclassification

California Labor Code § 515 requires that most exempt workers earn a salary equal to at least two times the minimum wage at full-time employment. As of July 2014, these minimum salary requirements will increase to $37,440, and $41,600, effective January 2016. With these new minimum wage increases, employers are advised to reexamine their classification of exempt workers.

With new state regulations each year and with a new California minimum wage pay law established in 2014, employers often misclassify employees as exempt, intentionally or accidentally, to avoid paying costly overtime wages.

California OvertimeCalifornia employees paid salary or hourly may be eligible for overtime pay, whether they are paid weekly, bi-weekly or monthly. Being paid a salary does not automatically make an employee exempt from California overtime pay.

One test to determine eligibility for overtime pay is the “duties test”—assessing the actual work being done rather than only 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.

• To be Exempt as an Administrative Employee: an employee must perform non-manual work as his or her primary duty, directly related to management policies, or 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 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.” An exempt employee must also make over a certain 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.

Domestic Workers

As of January 2014, The California Bill of Rights (AB 241) extended overtime protections to domestic service employees (also known as personal attendants) who care for and support individuals and families in California.

Domestic workers are due time-and-a-half (overtime pay) for any work performed beyond nine hours in a day or beyond 45 hours in a week. All domestic workers are eligible for this overtime pay rate with the exception of babysitters under the age of 18 or individuals who work irregularly or intermittently as babysitters.

Prior to January 2014, domestic service employees were not covered by California’s overtime provisions.

Outdoor Workers, Including Illegal Immigrants

Individuals employed in agriculture and outdoor work such as landscaping and farming are now legally entitled to sufficient rest breaks (minimum five minutes in the shade) when temperatures exceed 85 degrees Fahrenheit. This new law applies to everyone, including illegal immigrants, who now have a number of rights and protections under Bill 263.

Bill No. 263 prohibits an employer from engaging in “unfair immigration-related practices” when an employee asserts protected rights under the Labor Code. For instance, if you are an illegal immigrant and complain to your employer that you are not receiving minimum wage ($9 per hour as of July 2014), your employer may not threaten to report you to immigration authorities. An employer who violates the new California labor laws and California overtime laws is liable for a civil penalty not exceeding ten thousand dollars ($10,000) per employee for each violation of this section.

The California Labor Code § 226.7 prohibits employers from requiring employees to work during meal or rest periods. If an employee does not receive the proper meal and rest periods, including the new “recovery periods” or “cool down period afforded an employee to prevent heat illness,” the employer must pay to the employee one hour of pay as a penalty. Employers are advised to review California OSHA recommendations to preventing heat illness.

California Managers

Managers are sometimes improperly exempted by employers. To be legally exempted from daily, weekly, and seventh day overtime, as well as required breaks, a California manager or assistant manager must:

• earn at least two times the minimum wage (approximately $28,000 per year)

• perform duties not also performed by non-exempt workers for at least half of their daily work (cannot do the same work as non-managers 50% or more of the time)

As of July 1, 2014, to qualify for a “white collar” exemption, an employee must earn an annual salary of at least $37,440, and beginning January 1, 2016, an annual salary of at least $41,600.

Retail and Restaurant Assistant Managers

California Assistant Store Managers and Restaurant Assistant Managers working on salary over 40 hours a week, who also 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, Rite-Aid, or dozens of other major retailers, you may be owed back pay for being wrongfully misclassified as an exempt employee.

California 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 IT & Computer Engineers

Pay and job duties determine if a California computer professional is entitled to overtime: the more routine and unvaried the work, the greater the likelihood a high-tech employee is owed overtime.

California IT OvertimeExempt employees must fit into one of the three different professional exemptions under California law and the federal statute: the learned professional, the creative professional or the computer professional.

According to the California Department of Industrial Relations, “computer professional” exempt employees must mainly perform intellectual or creative work that requires independent judgment in the design, development, documentation, analysis, creation, testing, or modification of systems, programs, software or hardware. Beginning January 1, 2014, employers will have to pay their computer professionals at least $84,130.53 a year ($7,010.88 monthly) to qualify for the exemption, up from the 2013 rate of $83,132.93.

This is an increase from $38.89 or more an hour ($81,026.25 or more annually, or $6752.19 or more monthly) in 2012.

An exempt employee must spend at least 50 percent of his or her time performing what are considered “exempt” duties to qualify as exempt. The legislation states: “the individual must be highly skilled, with proficiency in the theoretical and practical application of highly specialized systems analysis, programming and software engineering.”

Therefore, high-tech employees who are mainly troubleshooting accounts, or installing, testing, or configuring technology products based on given requirements may be eligible for unpaid IT overtime lawsuits.

California Quality Assurance Engineer Overtime

In California, Quality Assurance (QA) Engineers are often misclassified as exempt from overtime. If the duties they perform regularly are routine, repetitive, automated, or are not intellectually varied in nature, they may be due to be paid overtime. In the last decade, a California law affecting most computer programmers eliminated overtime and set a minimum wage for these workers, but there are still exceptions.

California Test Engineers Unpaid Overtime

Test Engineers (TE) who perform the repetitive and automated tasks common to this job are likely eligible for overtime. Many Test Engineer overtime lawsuits have succeeded, and TE paid less than $38.89 an hour (in 2012) are more likely to require overtime pay.

California Nurses Overtime

Registered nurses who do intellectual work that requires advanced knowledge and are paid a salary of $455 or more a week are generally exempt as learned professionals. However, nurses overtime lawsuits are on the rise, and many of these suits, involving improper exemptions, denied overtime, and missed breaks, have involved California nurses. Settlements include $7.25m from Kaiser Permanente (2007), $85 million from Tenet Healthcare Corp. (2009), and $1.9 million from Valley Presbyterian Hospital (2009).

Even nurse scabs covering for California nurses on strike over overtime pay are experiencing overtime violations.

California Bank Center Staff (local kiosks)

Employers typically hire minimal staff at satellite bank locations, such as bank kiosks in malls, or as add-ons to major grocery stores. In adhering to the scheduled bank hours of operation, bank center staff is often forced into an unpaid overtime situation, without meal breaks or any breaks at all over an eight-hour shift.

California Call Center Workers

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.

Donning and Doffing Violations

Donning and doffing refers to the time spent putting on and taking off uniforms or required work safety gear to properly perform job duties. Often, work gear can take 10 minutes or more to put on and take off for each shift, plus time spent dressing and undressing for breaks, but employers frequently do not pay for that time. In some cases, employees should be paid for their time spent putting on and taking off required work clothing and safety gear and, if the employee is full time, the unpaid time could actually mean overtime is owed.

In addition to uniforms and safety gear, some employees at restaurants are required to come in 15 minutes early to learn about the day's specials, set tables and taste food so they can recommend it to customers. Although this time is required for work—and although it benefits the employer—in some companies such time is unpaid, meaning workers are giving up an extra 15 minutes per shift for the benefit of their employer. For employees who work full-time, that extra 15 minutes per shift is unpaid overtime, and over the course of a year, that unpaid overtime could add up to hundreds of dollars of unpaid work.

A lawsuit has reportedly been filed against Bloomin' Brands, Inc, owner of Outback Steakhouse, alleging violations of the Fair Labor Standards Act. the lawsuit alleges the company required employees to perform unpaid work prior to shifts, refused breaks and failed to pay for mandatory meetings and training sessions.

Bloomin' Brands has denied the allegations.

California Overtime Lawyer

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.

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 Jan-20-16


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Posted by
I worked for a corporation that had a restructuring and my position was eliminated. Although I was a full time salaried employee, I often worked overtime and on the weekends. Am I entitled to payments for overtime work under California law?

Posted by
Small but mighty
As live-in caregiver, I should get $315/24 hour. But my agency is willing to pay $195/24 hour, and withdraw daily $21.99 for room and board, so my daily rate only $173.01. I'm not homeless, I have an apartment for 10 years; sleep in client's house because the client needs 24 hour caring. I buy my food, because client is under hospice service with special nutrition and I want to eat regular, normal food, not mashed vegetables. But, if I don't sign the paper about withdraw the room and board fee, they don't hire me.
Also, night time I have to get up at least once, but sometimes even three times. But, the agency (and the family) do not willing to pay any amount "because it is your sleeping time" - and I have to pay for my bed.
Where is the truth?

Posted by
I work 12 hour shifts one of my shifts accrued 1.5 of overtime I normally work 3 12 hour shifts a week this particular week I worked 2 and had taken a vacation day the 3rd out of the 12 hours vacation I had taken they deducted 4 hours to compensate them for the 1.5 hours of overtime I earned is this even leagal.

Posted by
I work for a bank for like five years and we have be at work before we clock in and do morning procedures but are not paid for it. This morning my manager wants us to be at work before 8:30 to do morning procedures and iam thinking about this and I believe their wrong because if iam not getting paid for it.isn't this a violation

Posted by
Derrick. E.
If I work Monday thru Friday hourly and on Monday Tuesday and Wednesday work more than 8 hours and by friday midday hit 40 hrs for the week is the rest of friday overtime and I still get the ot on Monday Tuesday and Wednesday???

Posted by
Mimi Beckerman
My employer is claiming the PTO and holiday hour count toward a 40 hour week. So even though I worked more then 8 hours a day that week. 13 hours over because it was 3 holidays that pay period they only have to pay me for 5 hour. id this correct. according to California Law? Can the count holidays toward the 40 hour week and and not give me overtime? I am a hourly employee. Working in IT.

Posted by
Our employer made us work 8 hours without lunch. Is any of that time worked considered over time pay?

Posted by
I work in californian for Halliburton for over 13 years and was not compensated in the over time settlement. I seem to haver excluded out due to the group 3 level they have me listed under but I was been paid group 2 pay

Posted by
Victor Pando
I worked for a company... I was hired as a bailer tractor driver... I worked most of the time 60 plus hours... Some days I would start at 6am n I wouldn't get off until 6am the next day not just some times but lots of times but I would have to stop my time at 12am so that leaves me with 16 hours but I did not leave work my shift still continued on... I had to stop my time n start a new work shift... My boss would say my time stopped for that day at 12am, but I never left my shift.i still had to work n now my time starts back at 0. So I would countinue to work...let's say I stopped woking at 6am. Now keep in mind I worked the whole time for example let's say my shift starts at 6am on Monday oct15 I would not go home most of the time until October the 16th so in reality my time that I worked is 24 hours. But it was not add up that way I would only get from 6am to 12am... Not 6am Monday to 6pm Tuesday... Now my boss has for some reason decide to also pay with different company payroll checks for he has another company per say but he uses the same employs so say I work bailing hay for 3 days at min 12 hrs n most of time more,n for the next 4 days I would run a cultervater at 12 plus hours a day. So that's 7 days at 12 = 84hrs but I would recivie to checks with to different company names.. My point I worked 84hrs but only got 3days on one check=36hours n the 4 days =48hrs but in reality I work 84hrs for a whole pay period!!!!! I lost lots ove over time n that's wrong... Need help please

Posted by
the company I work for gives us a laptop, hot spot interenet and cell phone when we are On-call. After working a full 8 hr day and right at 9pm we start our on-call duty. Is this consider overtime or regular pay. We do tend to get Calls in the middle of the night and just curious where does this fall under. Thank You

Posted by
Lora Winkler
I believe everyone that is an IHSS provider should be paid for their time, services, etc... Especially for those relatives/non-relatives that take care of/ live with the people they r providing for on a daily basis 24/7... Thank You for any/ all help your willing to provide for Myself and all My coworkers...

Posted by
I work as a 1099 validattion engineer for a pharmaceutical company, I write test scripts for the local client based on software they purchase, i also review the tested scripts when completed. am i exempt from overtime?

Posted by
Hello, the employer i work for has more than one business entity. I work for 3 of those entities and 4 facilities. My job description is a Class B Driver and an Direct Care staff for group homes ranging in adult (ARF) to elderly (RCFE) a Court Ordered Facility (Forensics) and an Adult Day Program (Behavorial). My questions are, i work nearly or close to 138 hours give or take, over my 80 hour bi-weekly pay period, am i eligible for overtime pay? For all 3 jobs my total day pay combined is approximately $29.75 currently and subjected to past raise, mind you this is a total of a 8 year work span. Ive been with the company since 2007. In the past ive worked more hours than i currently do, so do the prior years from 2014 count as over time pay as well? Or do i only claim from 2014 on up? If so, how would i calculate this because i work from one entity to another all from the same owner of the company. I dont know if its time and a half or double time or triple. I need help discussing my situation. Does over time count when i work from one entity to the next. I work seven days a week with no days off. I believe im owed over time for all the hard work that involves in these facilities, your constantly on your feet working and caring for the patients. They also make me do things that are not in my job description for example cut the residents hair or im told to use my personal vehicle at times to take groceries or personal item with me to the next facility. Thats managements responsibility right? Also, I have never recieved any breaks nor the time sheets show break period slots to fill in break time. I work all the way through the 8 hour shift, then continue to the next entity and to the next entity. We cannot leave the facility on our breaks etc. I want to know if i have a case id like to get paid for all my hard work and time. Time and wasted funds thats going into the owners bank account and time wasted from my personal life. Atleast the over time pay wages will make up for that. People struggle to work and make ends meet while the owners get richer of there employees!! I have all my check stubs ALL! Showing my hours worked. I may have to look for some though. But i have them all here somewhere... might have several copies of time sheets too but im not sure. Please let me know if i can get my full 8 years wages owed to me in over time. Ive spoken to my local labor board commission years ago about this and was sadly informed im not eligible for over time wages.

Posted by
john pennington
I have world for acorn since 01,09 and was salatu untill 09, a installer tech .I was not given proper meal breaks or breaks.i still work for company now,but i get over time and 30 min lunch.Do i have a case.

Posted by
I have to use time card every 2 weeks. From Monday to Friday off 1st week I works 40 hours. and Saturday 8 hours the same week. Next Monday I off 1 day to used my vacation hour. Can I get pay overtime if the 1st week I have 48 hours and second week 32 hours plus 8 hours vacation?

Posted by
Daniel would be made to work overtime without breaks or pay and had his commissions and wages stolen from him. He had an accident at work and was not taken to a doctor but was instead put on a more heavy workload. His wife was working there as well and the boss would make innapropriate advances and requests to her in front of him.

Posted by
All crews worked over eight hours a day and some weeks seven days a week.
We have four guys ready to give hours worked without fair overtime. We were forced to sign payroll sheets with only 40 hours, or we would be laid off.

Posted by
South Carolina
Wrongful termination after applying for tech pay.

Posted by
I was paid a “salary” and told that because I was on salary they could have me work as much as they want. Usually worked 10-11-hour days, six days a week. On “family day” (holiday and special days), I worked 12-16 hours.

Posted by
She is not getting paid for hours worked and she clocked in and has documentation. She was made to work 16 hours straight. She states they do not get a lunches or breaks. She was fired for taking time off for family emergency. She is very upset about this. She feels they owe her money for time worked still. The last day she worked was July 3rd. There are other people complaining about this company for same reasons.

Posted by
I and a fellow co-worker have voluntarily work several hours of unpaid overtime. We are paid bi-weekly, and reguardless if we work over an 8 hour shift or 40 hours per week we recieve no overtime pay unless we work overr 80 hours in the pay period. We have both been working for this company for roughly about 7-8 months and we have keep time cards on our own and are due for at least 25+ hours of unpaid overtime.

Posted by
Health failing after 37 years on job. Environment is extremely tense causing one heart procedure already and a regiment of high blood pressure meds taken daily. Do not want to work overtime.

Posted by
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.

My boss asked me to work late but never told me that the time clock was encrypted and that I would not be paid overtime because the clock was encrypted with a strict schedule of 8:30 A.M. to 5:00 P.M. This vocational school has two sites that I work at. One site has the encrypted clock and the other has an old fashioned time clock with a punch card (please note this time clock is usually wrong).

Another item of extreme interest is their claim to review you and give health benefits after your first 90 days. I did not get a 90 day review and was told my health benefits could not kick in until 110 days.

Something is rotten in Denmark. What should I do? The rotten economy is contributing to employers having strangle holds on employees

Posted by
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 company so I cannot comment on whether they do the same things in regards to their drivers.

My first experience with a limo company
was as described above and that company owner never indicated on my check stubs if a client left any tip for me,
then when I received my tax forms, there was a W-2 and a 1099 form showing my tips totaling $4,308.00 as non employee income, I ended up being late filing my taxes because of that. I had to file extra paperwork so the IRS could determine if I was an employee or independent contractor.

After that experience, I agree with another former employee of that company that I remained friends with who says that dude is just right for an uppercut!

Posted by
Claim is for approx 400 hours of overtime.

Posted by
Because I was told to keep track of my hours, I feel I am entitled to time and a half for working overtime during the days and additionally on the weekends. When my employer said that she could no longer provide for overtime pay in February, I stopped working overtime since I was no longer being paid for my time or effort. I was fired as a result of this and other erroneous claims.

Posted by
I planned, booked and traveled the entire US as an auditor and never received compensation for all the time spent doing this aside from my duties. This company has sought recovery damages against me in small claims for travel-related expenses made prior to my resignation. Its getting uglier by the minute.

Posted by
I am required to work 88 hours every 2 weeks, even though I am salaried. I oftentimes, do not get a chance to get a break for lunch and I almost never get my required 15 minute break.
Additionally, though I am a retail store manager, I work well over my 88 required hours due to the copious amounts of work asked of me.
In my job description I am told that I must be on the sales floor 90% of the time.
This leaves little to no time to do actual managerial duties at work during normal hours.
When asked about my overtime pay I was told that I am paid for 88 hours always and it does not matter if I work more. They will not pay me. They also stated that I am NOT eligible for overtime EVER.

Posted by
During my 4+ years as an Executive Assistant Manager with Walgreens, I have missed breaks and uninterupted lunch periods each week at a rate of about 3 lunches and 8 breaks each week. As well, a legal professional I have communicated with stated that because Walgreens' managers are expected to stock, merchandise, cashier, and receive product, among other things, that I was misclassified as a manager and that as such, I would be entitled to overtime pay as well as the missed breaks. Walgreens pays EXA's for 44 hours each week, however, we are classified as salary and exempt. The 44 hours is paid as straight pay with no formula for overtime. As an EXA, you work at least 45-50 hours per week, and during the holiday season, it averages 60 hours per week.


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