California Labor Law: Employee Assets
California Labor Laws You are Covered
There is no argument over the fact that the State of California is one of the best for employees because of the implementation of California Law regarding overtime. The state of California has always kept the protection of its citizens and their professional lives as a top most priority. Employees working on minimum wage who are living hand to mouth can’t put their jobs on the line, and this very fact is taken advantage of by the over demanding employers who force them to work overtime without expecting any sort of compensation for it.
This is where the Law steps in. It takes the FLSA (Fair Labor Standards Act) legislation and modifies it a bit to add more protection for the workers who are often left at the mercy of such harsh employers.
According to the legislation, any number of hours worked over 8 hours a day or 40 hours a week is generally considered overtime for a non-exempt employee. The California Labor Law regarding overtime explicitly states that an employee has to be paid at a rate of one and a half times the employees determined pay rate while if he has to work anything above 12 hours a day, he is to be paid at a rate of twice as much as his ordinary pay rate for all of the additional working hours.
However, hardly would anyone be able to find any sphere of life where dishonest practices are completely non-existent. And the California Labor Law would not be an exception in that regard. There are two major ways in which the law is abused which are mentioned below:
Considering the employee falls under the category of an exempt to rob them of their right and expect them to work overtime without any sort of compensation. This is termed as misclassification.
Off the clock
According to the California labor law regarding overtime, every single employee is accustomed to be paid additionally for all of the extra hours regardless of if it’s before clocking in or after it. To give you a better idea, it is indispensable to mention here that in jobs where the employees are supposed to change uniforms during off the clock hours, they are to be paid an additional amount even for the time which is spent in changing the uniform. Another perfect example can be that of an assistant manager. If such an individual is spending most of his time in accomplishing the office tasks which are identical to the tasks of an hourly employee and is working overtime as well, he is accustomed to be paid an additional amount for the overtime.
Think about it with a clear mind, you may as well be a victim of such law abuse. If you have been forced into the category of an exempt employee or are not being paid accordingly for the extra hours that you are ordered to put in, it is time for you to engage a San Diego Labor Law attorney and stand up for your right.
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