July 13, 2021
As a California employee, you must not work more than 8 hours a day, more than 40 hours a week, or more than 7 days in a row. If you exceed these limits, you are entitled to compensation. There are several California laws about overtime pay. Do you think you are not being paid correctly?
California laws DO NOT apply to…
- Executive and administrative professionals under the «White Collar Exemption.»
- Registered doctors, nurses
- External sellers
- Certain employees in the computer software field
- Professional actors
- Others (be sure to contact an attorney to make sure you are not exempt from receiving overtime pay)
How Some Employers Go Against Overtime Laws?
Some employers claim that their employee is exempt and, therefore, there is no need to pay them overtime. The truth is, the classification has nothing to do with overtime pay.
Certain employers do not pay overtime to employees who do not log in and out. It is the employer’s responsibility to count the hours worked to pay the correct amount. “Not using time cards” is not a valid excuse for not paying overtime.
Stating that managers or supervisors who are in charge of two or more employees meet the “executive exemption” and are therefore not eligible for overtime pay is incorrect. The titles are not relevant, but the actual functions performed. If a manager or supervisor performs 50% or more of the same activities as those under his supervision, he is not exempt from receiving overtime pay.
How to calculate overtime payments
Overtime is based on the regular pay rate. So, first, if you worked more than 8 hours but less than 12 hours, you should receive one and a half times more than your regular salary. In addition, if you work 7 consecutive days, you are also entitled to the additional one and a half.
If you worked a double shift (16 hours), your pay could double your regular pay rate. This happens when your additional work hours exceed 12 hours in a day. This applies to every hour after the 8th hour.
