Didn’t Get Overtime Pay?
Top Reasons You Are Not Receiving Overtime Pay
Regarding overtime, California and federal labor laws differ. Federal laws are governed by the FSLA, which requires that overtime pays 1.5 times more than the current rate once 40 hours have been worked. However, California labor laws require that employees receive overtime once they have worked more than eight hours in one day or 40 hours in one week.
Exceptions to this include:
–Exempt employees
-Alternative work week schedules
Exempt Employees Explained
Exempt employees are employees who are paid a fixed salary regardless of how many hours they work. However, employers often use this to their advantage when classifying employees so they will not have to pay them for overtime. It is important that all employees make sure they are being classified correctly by contacting a California labor law lawyer or by reviewing the California Department of Industrial Relations website. Just make sure you remember, a job title does not affect exemptions, your job duties do however.
Alternative Work Week Schedules Explained
Alternative workweek schedules are the schedules that employees have that do not pay them for overtime daily. However, not all employers have this in place because the employees have to be for it via a vote with 2/3 of them for it. Nevertheless, even with alternative work week schedules the number of hours should not go over 40 each week or overtime must be paid. Additionally, keep in mind when this is in place employees are not entitled to being paid overtime if they work more than eight hours a day. The good news is all of employees’ rights are not taken from them. They still are eligible for double time if more than twelve hours are worked per day in addition to all of their breaks (a second 30-minute lunch break is available for those who work more than 10 hours per day).
Bottom Line
Labor laws can be complex. However, employees should not let their employers take advantage of them. If you ever have any questions or concerns about your employment, it is important that you seek advice from an experienced labor law attorney who has YOUR best interests in mind. We can help you understand your rights and we never charge a fee up front. We work for free until we win your case. Make sure that you know your employment rights and get the money that is owed to you by your employers.
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