Are You Eligible for Overtime in California?

Working a traditional 40 hour workweek is an integral part of most people's lives. However, there are situations where this is not always possible. Due to employer demands, market conditions, or other external factors may become necessary to exceed to this 40 hour limit. This is where overtime pay comes into play. There is a federal law named the Fair Labor Standards Act which requires employers to play employees overtime for every hour they work over 40 per week. Traditionally, overtime pay is defined as at least 1.5 times the normal hourly rate for pay. This may vary in each market, profession, or region of the country.

The state of California has its own laws that supplement existing federal laws regarding overtime pay. These laws are a bit more stringent than their federal counterparts. Instead of California, your overtime is calculated on a daily basis. This differs from the federal law, which translates overtime on a weekly basis. In this situation employers are required to pay employees 1.5 times their normal hourly wage for up to four hours when they exceed eight hours in one day.

These situations normally apply to hourly workers only. Salaried employees normally are exempt from being paid overtime. Normally a person exec is exempt from being paid overtime if they eat meat at least one of the following conditions: this person manages the entire business. This person supervises at least two employees. This person has the authority to hire and fire employees will. This person has the ability to exercise independent business judgment. This person must spend at least 50% of their work time and doing one of the above listed items.

The State of California provides more detail in the East exemptions. Specifically five different categories exist. Category one creates exemption for executives. Category two provides exemption for administrative personnel. Category three provides exemption for professionals. Category for provides exemptions for employees in the computer software profession. Category five provides final exemptions for outside sales persons.

As an employee, you are unable to wave your rights to overtime, and your employers are required to pay your overtime by the next payroll period. Currently there are no provisions that state and employer cannot force an employee to work overtime. As such many employers encourage the practice to increase productivity, and further increased company profits. Finally, one must remember that it is illegal for employers to retaliate against employees who seek the wages they are due, whether or not they are related to overtime.

References:

http://www.dir.ca.gov/dlse/FAQ_overtime.htm