California Overtime Law
California Labor Law protects the rights of Californian workers to receive their overtime pay as compensation for overtime hours. Overtime hours are hours worked beyond 8 hours in a day or 40 hours in a week. One who is paid on a salary basis is still entitled to overtime pay even if he or she has an annual salary of $100k or even the company has labeled him or her “part time” or “independent contractor” and even if one handles or supervises a group of people. The only people who are not eligible for overtime pay are those who meet all the requirements for exemption.
Overtime Compensation
- Employees should be paid for all the excess hours, which are hours worked beyond 8 hours but not more than 12 hours in any workday, and for the first 8 hours of the 7th consecutive working day. Wage and hour overtime is compensated with one and one-half times the worker’s regular rate of pay.
- For hours worked in excess of 12 hours in any workday and all the wage and hour overtime which is hours worked beyond 8 hours of the 7th consecutive working day should be paid doubled with the regular rate of pay.
In computing for the regular rate of pay, it must not go beyond the legal maximum regular hours which is 8 hours a day or 40 hours a week. It is critical to determine the maximum hours. For alternative schedules like 10 hours per day or 12 hours, an alternate method is used in computing overtime hours and overtime pay.
Overtime Jobs
California Labor Law covers all occupations in California.
It might surprise you, but these are some areas where workers may be entitled to overtime pay:
- Resident Apartment Managers
- Computer Programmers
- Nurses
- Care Providers and Personal Attendants
- EMTs and Ambulance Drivers
- Video Game Programmers and Artists
- Field Service Engineers
- Information Technology Workers
- Salespeople
- Loan Officers
- Dry Cleaners, Car Washers and other Manual Workers
- Piece Rate, Commissioned and Flag Rate workers
- Truck Drivers
- Non-Profit Workers,
- And even… California labor law attorneys!
Overtime Hours and Overtime Pay Exemptions
The major exemptions for overtime hours and overtime pay include Administrative, Executive, Computer Professional Exemptions and Professionals. Specialty exemptions include irrigators, sheepherders and carnival workers. If an individual does not meet all the requirements for an exemption, then he or she is entitled to overtime pay.
However, under the 1947 case of Walling v. General Industries Co., the Supreme Court ordered that the burden is on the employer to prove whether an exemption applies.
If an employer fails to give you the overtime pay you are entitled to, then you can file a complaint with the Labor Commissioner’s Office. It is important to consult with a California labor law attorney to find out whether you have a possible claim for wage and hour overtime. Know your rights and fight for the money that is owed to you!
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