Overtime for California Managers
Under California law, employers are obligated to pay workers for overtime hours worked (assuming that the employees are not "exempt" managers, professionals, administrative workers or computer professionals). Employers must provide meal periods of 30 minutes every five hours and/or provide break times of no less than ten minutes every four hours.
In addition, companies which force workers in California to work seven consecutive days must pay workers overtime wages for all work performed on the seventh consecutive day.
Overtime wages are 1.5 times the employee's regular rate of pay. Failure to provide breaks and/or pay overtime wages due, can result in stiff penalties, including but not limited to double damages and one hour of pay at the employees' regular rate for each day that the employer failed to provide a lunch break or a meal break, plus attorneys' fees and costs.
Moreover, under the applicable laws, even a single employee can bring a class action or collective action lawsuit on behalf of all "similarly situated" plaintiffs working in the company violating the wage and hour laws.
Overtime class actions in California usually arise in two scenarios. First, many companies "misclassify" workers as managers or assistant managers. In California, unlike the rest of the country, a manager or assistant manager must earn two times the minimum wage (approximately $28,000 per year) to qualify for an exemption from overtime pay.
In addition, managers or assistant managers can lose their exempt status if, as a practical matter, more than 50% of the work they perform on a daily basis is work performed by non-exempt workers. For example, an assistant manager in a retail store who spends more than 50% of his or her time doing sales or answering phone calls -- the same work performed by salespeople -- would be entitled to receive overtime pay for all hours greater than 8 in any workday and all hours in excess of 40 per week.
Second, many companies simply do not pay 1.5 times an employee's regular rate of pay for overtime work in clear violation of state and federa law. We work with law firms handling both "misclassification" and regular failure to pay overtime class action suits. Typically, these firms work on a pure contingency fee basis.
Register your California Overtime ComplaintIf you are owed unpaid overtime, you may qualify for damages or remedies that may be awarded in a possible class action lawsuit. Please click the link below to submit your Overtime complaint. At LawyersandSettlements.com, it is our goal to keep you informed about important legal cases and settlements. We are dedicated to helping you resolve your legal complaints.
If you do not work in California please click here to register your complaint. Thank you.
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