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Overtime laws in California are commonly misunderstood or unknown to many workers. Many people are due overtime pay for hours worked.
Here are the basics of overtime laws in California.
California law states that overtime in California includes any time worked over eight hours a day or 40 hours a week. For any hours worked beyond a 40 hour work week or for work done on the seventh consecutive day, an employee should be paid at 1.5 times the regular rate of pay. If someone works more than 12 hours a day or over eight consecutive days, an employee should be paid at two times the regular rate of pay.
Overtime Laws California: Misconceptions
One misconception is that if an employee has a salary, she is automatically not entitled to overtime in California. While there are exemptions that can rule an employee out of overtime payment, simply having a salary is not one of them.
Similarly, if an employee has a “professional job,” they are not entitled to overtime. Overtime laws California do not always support this. While professions like doctor and lawyer are exempt from overtime, others like computer programmers and insurance agents are entitled to overtime payment.
Managers or supervisors might also believe they are exempt. The idea is that if an individual is in charge of two people, they do not get overtime. In many cases, this is true. However, an employee’s job title is not what determines overtime payment; instead, it is the actual distribution of time and what the finite tasks of the job are.
“Comp time,” when an employer takes the overtime hours from one week and takes it out of the following work week, does not follow overtime laws in California. Because overtime is paid at different rate than the normal work week, the employee does not ultimately make the same amount as they would have if overtime was being paid as overtime.
Clocking hours is another source of confusion. Some employers might record 40 hours of work each week, even if an employee worked more than that. Some might not keep records or hours work. However, if an employee claims that the work week was 50 hours instead of 40, it is up to the employer to prove them wrong.
Another misconception is that overtime does not count when traveling. Again, there are exemptions (as there always are), but if an employee is traveling, the time driving to the airport, and on the airplane, for example, counts as work time. A daily commute does not count towards overtime hours.
While there are many exemptions, many individuals have been wrongfully denied overtime payment. An unpaid overtime California class action lawsuit investigation is underway that is also looking into additional California labor laws that are allegedly not being followed by all employers.
Join a Free Unpaid Overtime, Wage & Hour Class Action Lawsuit Investigation
If you were forced to work off the clock or without overtime pay in California within the past 2 to 3 years, you have rights – and you don’t have to take on the company alone.
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