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UNPAID OVERTIME

CONTRARY TO WHAT MANY THINK, EMPLOYEES WHO ARE EMPLOYED AS HOURLY AND SALARY WORKERS ARE BOTH ELIGIBLE FOR OVERTIME BENEFITS. READ BELOW TO UNDERSTAND HOW MUCH YOU ARE ELIGIBLE TO EARN FOR OVERTIME WORK.

Overtime Compensation for Hourly Paid Employees

In California, if you work more than 8 hours in any work day, your employer must pay you overtime compensation at 1.5 times your regular rate of pay. In addition, if you work over 40 hours in any work week, you’re again entitled to overtime compensation at 1.5 times your regular rate of pay. Also, if you work 7 days in a row, the first 8 hours of your 7th day, entitles you to overtime compensation.

You are also entitled to overtime compensation at 2 times your regular rate of pay if you work more than 12 hours in any work day. Your employer must pay you overtime if you have worked overtime hours, even if the overtime you worked was not authorized by your employer. Some employers have strict overtime compensation policies that require all overtime to be pre-authorized before it’s worked. However, under California law, all overtime work must be compensated at the applicable overtime rates, even if the overtime work was unauthorized and in violation of company policy.

 

Overtime Compensation for Salaried Employees

There is a misconception that if you are a salaried employee, classified as exempt, you are automatically not eligible for overtime. Simply because your employer classifies you as exempt or gives you a managerial job title doesn’t necessarily mean you are not eligible for overtime compensation. Sometimes employers misclassify employees as exempt from overtime laws in order to deny them the overtime compensation.

Under California law, if you are not spending more than 50% of your time, on average, on exempt duties, which are duties that require you to exercise independent discretion and judgement, then you have been misclassified and are entitled to overtime compensation for all the overtime you have worked. If your duties and responsibilities mostly include simply following company policies, practices, and procedures without independent discretion and judgment, then under the law, those duties are not considered managerial or exempt.

The burden is on the employer to prove that you have been properly classified as an exempt employee and that there was a sufficient legal basis to deny you overtime compensation for all the overtime hours you have worked. For example, if you’re spending more than 50% of your work day, on average, performing the same duties as the hourly paid employees, then you have most likely been misclassified as an exempt employee and are entitled to overtime compensation.

 

Contact Lawyers for Justice, PC Today for a Free Consultation

If you feel you haven’t been paid to work overtime hours, contact Lawyers for Justice, PC, and we’ll determine if your employer violated any federal or state laws. To get started, call (818) 647-9323 and receive a free consultation, today!