Are you Getting What You’re Owed at Work?

Why You May Not be Receiving Overtime Pay

California’s labor law differs from federal labor law with respect to overtime pay. Federal labor laws governed by the Fair Labor Standards Act (FLSA) only require that over time of 1.5 times the regular rate of pay be paid out after 40 hours in a work week. Whereas California labor laws are more strict requiring overtime is paid out after 8 hours in a day and after 40 hours in a work week.

There are only 2 exceptions to this rule:
1. You are properly classified as an exempt employee.
2. You are part of an alternative work week schedule.
What is an Exempt Employee?
Exempt employees are paid a flat salary and are not entitled to an hourly wage or any overtime pay. It’s important to note that employers very often misclassify employees as salary as a way to avoid paying overtime or for the excessive hours the employer puts on these employees. How do you know if you are properly classified? Well to be certain you should contact an experienced California labor law attorney to review your job duties, but you can also review the exemptions on the California Department of Industrial Relations web page. Keep in mind your job title has nothing to do with your exemption; the only thing that matters are the job duties you perform.

What is an Alternative Work Week Schedule?
Alternative work week schedules are schedules for hourly employees that would not pay them for daily overtime. It seems like every employer would like to have an alternative work week schedule to avoid paying for overtime. Here is the catch: the employees have to vote for or against this schedule; in order to pass, the vote must be 2/3 majority in favor. Usually the employees are deciding if they would like to work 4/10’s i.e. 4 days a week, 10 hours a day or if they would like to work 3/12’s, 3 days a week, 12 hours a day. If they chose to work this type of schedule they agree that they will no longer be entitled to 1.5 times their regular rate of pay for hours 8-12 daily.

The employees don’t give up all their rights though. They are still entitled to double time if they work over 12 hours in a day and they are still entitled to all their breaks including their second 30 minute lunch break if they work more than 10 hours in a day. And of course they will be paid 1.5 times their regular rate of pay if they work more than 40 hours in a work week.

Labor law is complex; if you have any questions regarding your employment it is recommended that you contact a California labor law attorney who can help you understand your rights and in many cases will review your situation without charge.