California Overtime Violations
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.
California Overtime Laws
Overtime: one and one half (1.5) times an employee' 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' 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.
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
Meal Breaks & Rest Breaks
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' regular rate of pay for each workday that the rest period is not provided.
Exempt Employees & Misclassification
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 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' 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.
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.
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
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
California IT & Computer Engineers
Exempt 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
Even nurse scabs covering for California nurses on strike over overtime pay are experiencing overtime violations.
California Bank Center Staff (local kiosks)
California Call Center Workers
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
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
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.
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Gracias por su repuesta.
I work for a warehouse in the shipping dept. Non-professional, non-administrative, and non-executive. I print labels for the boxes that are sent out. I work from 8:30 to 5:pm Every day, but almost every day I work 15 minutes over due to waiting for the parcel services to arrive. This is not EVERYDAY but a majority of time. Understanding that California has the Daily standard of working over on an 8 hour day, does this entitle me to receive lost overtime pay. Payroll has been done by someone who left for about 2 to 3 months (whom does not pay the overtime of 8 hour days) someone new came in and paid the overtime for time over 8 days. The previous payroll individual has come back and now back to not paying the overtime over an 8 hour day. So my question gain all in all, is am I entitled to receive the compensation for this? Thank you for your time. My apologies for it being so lengthy.
Small but mighty
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?
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.
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
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!
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.