As a California employee, you are entitled to be paid for every hour that you work. Indeed, there are a number of important labor laws put in place that benefit employees over employers in regards to overtime pay.
To start, most employees are considered eligible for overtime under either state and/or federal law. However, as with many legal issues, there are many exemptions. Fortunately for employees, when it comes to overtime pay, both federal and state law favors the worker.
Exemptions of overtime pay
In order to determine whether your rights as an employee have been violated, it is important to understand what constitutes overtime and whether or not you are eligible in your current position. The California Labor Code provides a list of employees who qualify for overtime pay.
Under the Fair Labor Standards Act, the burden of classifying employees as exempt or non-exempt falls to employers. The following categories of jobs are exempt from overtime pay:
- Administrative, Executive, and Professional Employees
- Commission based employees: outside or inside salespersons
- Computer professionals
What constitutes overtime pay?
If an employee is expected or ask to work past their usual hours, they may be able to receive overtime pay. If you qualify for overtime, your employer is required to compensate you at one and a half times your regular pay rate for hours worked overtime.
Next, you will want to understand how and when you are eligible to receive overtime pay. Reviewing your schedule and keeping track of your hours worked is a great way to figure out if you are owed overtime. Scenarios that qualify you for overtime include:
- Working over 8 hours in a workday
- Working over 40 hours in the workweek
- The hours worked on a 7th consecutive workday out of the week
In California, you can also earn extended overtime, if you work past the guidelines set forth for regular overtime. Extended overtime allows for double your regular hourly wage. Double overtime occurs in the below scenarios, but are not limited to:
- Working over 12 hours in a workday
- Working over 8 hours on the 7th consecutive workday in the week
If you believe you qualify for overtime pay but have not been receiving it or if your title is listed as exempt, but you feel as though you have been misclassified, you will want to reach out to an experienced attorney to discuss your legal rights. Contact our employment lawyers at LOEAB Law today.