July 12, 2022
Sometimes employees are asked to give a lot of effort to their work and achieve higher results. This can lead to employees working more hours than usual. If you have had to work longer than expected, should you be compensated for working overtime?
When should employees get overtime payments?
Employers covered by the Fair Labor Standards Act (FLSA) must pay overtime to all eligible employees unless they fit into an exception.
The FLSA does not apply to people working for private California employers. However, employees are covered by California’s labor laws. Therefore, all employees are considered to be non-exempt and should receive overtime payments unless they fall under exemptions from California overtime laws.
What are the exemptions?
– Executives
– Administratives
– Professionals
– Outside Salespeople
Generally, non-exempt employees take direction from supervisors. However, there may be certain other fields in which California employees may be properly classified as exempt. To determine if you are exempt or not depends on a number of factors, and your best bet is to contact an experienced employment lawyer to receive the help you need.
California overtime payment laws
The situations in which you, as a non-exempt employee, should get overtime pay can include:
– Working more than 8 hours in a day or 40 hours in a week
– Working more than 12 hours a day (you should receive the double of your standard pay)
– Working on a seventh day in a work week (time and a half for the first eight hours and double for additional hours)
What to do if you are not receiving overtime pay?
It is possible to file a claim with the Division of Labor Standards Enforcement, or even a lawsuit against your employer to recover the lost wages. These cases can be complex, and it is best to get the help of an employment attorney. For All Workers is here to help.
