OVERTIME –YOUR TIME IS MONEY
Under California Law, almost all workers must be paid overtime unless you meet all of the requirements for one of the Exemptions. To be exempt means that you are not entitled to overtime or other protections under the California Labor Code. Whether you are exempt depends on the work that you do, rather than your job title or whether you are paid on a salary basis.
Under most circumstances, an employee must receive overtime or one and a half times their regular rate of pay for all hours worked over 8 hours in a day or over 40 hours in a week. Employees must be paid for any time spent in the performance of any duties, including preparation time, opening and closing times and required meetings.
Alternative Workweek Employees- Employees working an Alternative Workweek may not be entitled to overtime. If employers hold elections that follow strict rules, an employer can institute a work schedule such as 4 days of 10 hours each or, if in the health care industry, 3 days of 12 hours each. In order for an employee to work an alternative workweek and not be entitled to overtime, an employer must satisfy strict compliance with California law. An alternative workweek arrangement that has not been properly implemented or that does not comply with applicable law may be void and unlawful.
Timing of Payment- Non-exempt employees must be paid their regular wages at least twice during each calendar month. Overtime wages must be paid no later than the payday for the next regular payroll period following the payroll period in which the overtime wages were earned. Executive, administrative, and professional employees may be paid once a month. An employer may be subject to waiting time penalties if it does not pay its employee their wages.
DID YOU KNOW:
- An employer can require an employee to work overtime
- Independent contractors are not considered employees and are not entitled to overtime
- Overtime wages must be paid no later than the payday for the next regular payroll period after which the overtime wages were earned.
- It is illegal for an employer to have an employee waive their right to overtime compensation.
- Some bonuses are included in determining the regular rate of pay for computing overtime when the bonus is based upon hours worked, production or proficiency.
For more information about Overtime see Opinion Letters from the California Division of Labor Standards Enforcement:
If you suspect that you are entitled to overtime pay, please contact The Law Offices of Morris Nazarian for a free case evaluation. The laws are complicated, and you should get an opinion from someone knowledgeable about the issues. If you are owed any unpaid wages, you may also be entitled to waiting time penalties; attorney’s fees and costs. Be prepared to discuss the specific duties you perform, and the time you spend doing the specific duties. Call our office at (310) 277-2323 or contact us online for a free
consultation
Let us help you recover the wages and benefits you are owed.
