The California Labor Codes can be confusing to both employers and employees, and unfortunately the employers always seem to make the mistake of short changing the employees. You work to help your employer and his/her business, so it is only fair that you are properly paid for all of the hours that you work. If you feel like you are not being paid properly, call now to speak with an experienced employment lawyer. The consultation is free, so you have nothing to lose.
When should you be paid overtime?
In California, the Labor Code requires an employer to pay an employee overtime for all hours worked over 8 hours in a workday and more than 40 hours in any workweek. A little known fact is that an employer also must pay overtime for the first eight hours worked on the sevenths consecutive day of work in a given workweek.
How do you calculate overtime pay?
California overtime laws require an employee who works more than 8 hours a day and more than 40 hours in a workweek to be paid at one and one-half times his/her regular rate of pay up to and including 12 hours in a workday. Additionally, your employer must pay you double time for all hours worked in excess of 12 hours in a given workday and for all hours worked over 8 hours if you work seven consecutive days.
Can I be paid overtime if I earn a salary?
The answer to this question depends upon an analysis of a possible overtime exemption. The most common exemptions are; executive, administrative, or professional exemptions. To determine whether or not you should be paid overtime, an experienced attorney should review your job duties, your rate of pay, your responsibilities, authority, and whether or not you are licensed or fall into a recognized profession.
Improperly paying an employee a salary is a common mistake that employers make so that they do not have to pay their employees overtime. Your employer may call you a “manager” or give you an important title so that you feel good, but don’t be fooled into working more for less. Call us now to see if you qualify for overtime pay.