California Overtime Laws
Los Angeles labor attorney
California's overtime laws are promulgated by the Department of Industrial Relations and set a number of requirements upon employers with regard to fair payment for overtime hours. In general, non-exempt employees must be paid one and one-half times their usual hourly rate for hours worked beyond eight in one day or 40 in one week. There are specific nuances with respect to exempted employees and other complex provisions only a Los Angeles labor attorney can explain. If you feel you are being cheated out of rightful overtime payments, contact us today to discuss your situation.
Under California overtime laws, an employer must pay an employee one and one-half times his/her regular rate for time worked beyond eight hours in one day up to 12 hours. Past 12 hours in one day, the employer must pay the employee double his/her regular rate. The employee is also entitled to double pay for hours worked beyond eight on the seventh consecutive day of work.
The law contains a number of exemptions which could render an employee ineligible for overtime compensation. Executive and professional employees (i.e., doctors, attorneys, engineers) are likely ineligible for overtime protection. Other exempted professions include some computer software employees, salespersons, parent/spouse/child of the employer, drivers, employees covered by a valid collective bargaining agreement, airline employees (in certain situations), certain carnival employees, commercial fishermen, professional actors and motion picture projectionists, many radio and television station employees, work that is primarily creative or intellectual, sheepherders, irrigators, babysitters, and personal attendants. If you are unsure whether your job fits within the exemptions category, contact a Los Angeles labor attorney as soon as possible.
The law varies with respect to salaried employees. A salaried employee working overtime is generally eligible for overtime pay unless his/her job fits within one of the exempted categories listed above. A salaried employee could also be exempted by federal law as well. Employees who receive varied pay rates each week are entitled to a "weighted average" to determine the rate of overtime pay.
If you feel that you are entitled to overtime compensation, contact our offices today to discuss your situation. We are dedicated and experienced with overtime compensation matters and look forward to hearing from you today. You can reach us at (800) 505-4445.