What is the law regarding Overtime Pay?

What is the law regarding Overtime Pay?

Many employees think that calculating overtime pay is confusing and laborious. Not only is that a myth, but it’s a requirement under FLSA (Fair Labor Standards Act) and California Overtime Laws that you be compensated correctly and appropriately for the overtime you work. Stop trading more of your time for less money and allow Johnson Attorneys Group to help you get paid.

Overtime Pay Is Required.

California Overtime Laws and FLSA outline very specific guidelines that employers must adhere to when compensating their employees. Too many times in the past employers would take advantage of their employees, making them work ridiculous hours and paying nothing more in return. This is illegal, and if you believe your employer has been violating California Overtime Laws by not compensating you correctly, you need to contact our professional attorneys at Johnson Attorneys Group for a FREE consultation to make things right. Continue reading to learn more specifics about wage laws, job guidelines and exemptions to these laws.

Overtime Wage Laws

Under California law, employees who work more than eight hours in a work day or 40 hours in a work week, must be paid one-and-a-half times (1.5) their hourly pay rate. Additionally, for the first eight hours that are worked on the seventh consecutive day of work they also get this higher pay rate.
Let’s say for example that an employee makes $10 an hour and works a 10-hour day. They would be paid $10 an hour for the first eight hours and $15 an hour for the last two hours of work. Also, if the same employee works a 50-hour week, they would early $10-per-hour for 40 hours and $15-per-hour for 10 hours.  Some employees work more than 12 hours in a given work day. If that is the case, California law provides that they be paid double their regular pay rate after the 12 hours.

Common Questions About Overtime:

I am paid a salary. Does this mean I am not eligible for overtime pay?

Many employees are misclassified as being exempt from overtime because they are paid a salary. The employer may do this on purpose to avoid paying overtime or mistakenly understand the law. It’s important to note that the majority of California employees are non-exempt and qualify for overtime pay.
Here are the five job categories that are exempt and employers do not have to pay overtime to them:

  • Executive
  • Administrative
  • Professional
  • Sales
  • Computer professional

My employer pays me for only 40 hours no matter how many hours I work.

Unfortunately, this happens more often than not. Only workers who fall into one of the above exemptions are not required to count their hours. Your employer must provide an accurate accounting of your work hours. If your employer has failed to pay you for hours worked or overtime, you may be entitled to recover those lost wages. It’s important that you keep records, but you may still be entitled to file a claim based on an approximation of how many overtime hours you worked. Most of the time the law protects the employee over the employer.

California Minimum Wage Law

Beginning on January 1, 2019, employers with at least 26 employees are required to pay the minimum wage and employers with 25 or less employees must pay at least $11 per hour, according to the Department of Industrial Relations (DIR). Any employers who violate these minimum wage laws may face substantial penalties. Additionally, their employees can recover the difference in wages they were not paid.

Tips and Gratuity Laws in California

Employees who receive tips or gratuities are also protected under California laws. Employers are not permitted to share or keep these tips left by customers to their employees. It is also illegal for employers to deduct any portion of gratuities or credit the money towards an employee’s wages. The law provides that all gratuities are the sole property of the employee. Oftentimes an employer may withhold gratuities that are included on a credit card transaction, but these belong to the employee.

Unpaid Vacation Time

Employers in California are not legally required to provide their employees either paid or unpaid vacation time. Employees who do accrue vacation hours under their employment contract may not have them revoked by an employer for any reason even if they are terminated. These vacation hours are considered to be part of the employee’s wages. There are employers who will attempt to violate California’s vacation hour laws by advising their employees to “use it or lose it.” However, this is an illegal tactic often promoted at the end of the year by employers.

Contact Our California Employment Law Firm

We at Johnson Attorneys Group understand that this may be a difficult time in your life and we are here to help. Our lawyers would like to discuss your potential case. We offer a free initial consultation where we can go over your employment issues. If we decide to take your case, we work on a contingency fee basis, which means that you do not pay any fees unless you win or recover compensation. Call us at 800-235-6801 for help.

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