California state law neither requires nor forbids employers from paying exempt employees at one-and-one-half times their regular rate of pay for overtime work. There was already a written agreement between the employer and employee regarding comp time. Nothing in this section requires an employer to combine more than one rate of overtime compensation in order to calculate the amount to be paid to an employee for any hour of overtime work.. They were so pleasant and knowledgeable when I contacted them. In addition, any work in excess of eight hours on any seventh day of a workweek shall be compensated at the rate of no less than twice the regular rate of pay of an employee. Since Bill worked nine hours on Tuesday, he should get eight hours of regular pay plus one hour of 1.5x overtime pay: Working more than 8 hours in a workday triggers overtime pay. Steve represents consumers, employees, and whistleblowers harmed by corporate misconduct in a variety of complex litigation cases. If you are a non-exempt employee, and you work more than 12 hours in a single workday, you are entitled to 2 times your regular rate of pay. The regular rate cannot be less than the minimum wage. Her first 8 hours are paid at $30 per hour. Consequently, such an agreement or "waiver" will not prevent an employee from recovering the difference between the wages paid the employee and the overtime compensation he or she is entitled to receive. To compute overtime on a production bonus, the production bonus is divided by the total hours worked in the bonus earning period. The total number of hours worked in a single workweek reset at the start of the Even if you sign an employment contract where you agree to work at your standard rate of pay for overtime hours, the court will not enforce it.18. typically midnight. Employees also earn 1.5 times their standard rate for the first eight hours of their seventh consecutive day of work. Then that means their overtime remuneration would be. Overtime on a flat sum bonus must then be paid at 1.5 times or 2 times this regular rate calculation for any overtime hour worked in the bonus-earning period. Divide the weekly salary by the number of legal maximum regular hours (40) to get the regular hourly rate. 25. People with certain occupations are not entitled to overtime pay in California. Under the time clock rules for hourly employees, non-exempt employees generally may get mandatory overtime pay if they work more than: Each of these overtime requirements is discussed below. Waiting time, where employees are required to be there but arent working, is generally considered paid time in California. In this example, it is $30 1.5 = $45. As with workdays, employers get to decide when their workweek starts. But when the employee quits or is fired, they want to know whether they can sue to recover overtime pay, even though the employer did not specifically authorize those hours. To determine if there are any overtime limits, make sure you check the Industrial Welfare Commission Wage Orders. Whether its air travel to meet a client, taking public transport to go pull public records, or drive time between job sites, employers must treat those hours as paid time. more than 6 consecutive days in a workweek. 15.00. What if my employer refuses to pay me overtime? Her first 8 hours are paid at her regular rate of $20 per hour. The filing cited alleged violations of the Fair Labor Standards Act (FLSA), as nearly 150 of Revels internal sales representatives claimed that they regularly worked overtime but did not receive proper compensation. Overtime on either type of bonus may be due on either a daily or weekly basis and must be paid in the pay period following the end of the bonus-earning period. White collar workers who are employed in an administrative, executive, computer professional, or other professional capacity may be considered exempt employees under California law. (, Wages, breaks, retaliation and labor laws, Benefits for work-related injuries and illnesses, Any other topic related to the Department of Industrial Relations, One and one-half times the employee's regular rate of pay for all hours worked in excess of eight hours up to and including 12 hours in any workday, and for the first eight hours worked on the seventh consecutive day of work in a workweek; and. Finally, the normal California laws for overtime do not apply to workers whose employer has instituted an alternative workweek schedule.An alternative workweek schedule is a written agreement between a group of employees and their employer that the employees may work up to ten (10) hours a day without overtime pay. A nondiscretionary bonus is included in determining the regular rate of pay for computing overtime when the bonus is compensation for hours worked, production or proficiency, or as an incentive to remain employed by the same employer. rewards for service not based on hours worked, productivity, or efficiency. Code Regs., tit. Overtime Pay Waivers: An employees right to collect overtime pay cannot be waived. 8, 11010 11170; See Stephanie Plancich, et al., Trends in Wage and Hour Settlements: 2015 Update. You are entitled to double pay for every hour worked after your 12th.8. Over the course of one week, Bob works 7 straight 14-hour days, not counting meal or rest breaks. Yes. Overtime at 1.5 times your regular rate of pay is only paid if you work more than: Double time is only paid if you work in excess of: These alternative schedules can make it difficult to distinguish between full-time work and overtime. Another example of where you get paid your regular wages but the time is not counted towards overtime is if you get paid for a holiday but do not work that day. For example, some employees receive a different wage rate based on the type of work (such as minimum wage for travel time and a higher wage rate for regular work hours), and some employees are paid piece-rate, meaning they receive a specified amount per job completed. Can my employer require me to take comp time pay instead of overtime? Initial action taken regarding the claim can be (i) referral to a conference, (ii) referral to a hearing, or (iii) dismissal of the claim. California overtime laws require non-exempt employees to earn one-and-a-half times their regular rate of pay when they work: more than 8 hours in a workday, more than 40 hours in a workweek, or more than 6 consecutive days in a workweek. A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). Some workers earn different rates from the same employer depending on the specific job they do. No, California law requires that an employee be paid all overtime compensation notwithstanding any agreement to work for a lesser wage. Employers cannot make you exempt from wage and hour laws simply by paying you a salary or having you agree to the classification in the employment contract. 833-579-0927. We give free consultations. Shouse Law Group is here to help you fight back. In select cases, though, some employees may be due more: double time pay. Exempt employees, on the other hand, are exempted from these legal protections in the workplace. as "Full Time - Hourly" or "Part Time - Hourly" employees, and their payroll calculations will Generally, California overtime law is more favorable to employees than federal overtime law. 26. Industrial Welfare Commission Wage Orders, Seymore v. Metson Marine, Inc., (2011) 194 Cal.App.4th 361, Monzon v. Schaefer Ambulance Serv. For example: Clara is asked to cover a coworkers shift. If you fall into a category of workers who are exempted from Californias wage and hour laws, then you cannot earn extra pay for overtime work. Alternatively, non-exempt employees are generally entitled to overtime pay if they work more than 10 hours in a single workday on an alternative workweek schedule. Wages, breaks, retaliation and labor laws. Online Payment Make an insurance payment Retrieve Bill FAQ *Policy number (view example) *ZIP Code (associated with your policy) *Email address (so we can send payment confirmation) Policy Information FAQ Payment Amount Total amount owed: $ Other amount Payment Method Choose Payment Type. Under California employment law, a days work is 8 hours.7 Once you have spent more than 8 hours on the job, each additional hour is paid with overtime pay. As a salaried employee, you are exempt from overtime laws only if you meet the legal definition of an exempt worker under the California Labor Code. Please complete the form below and we will contact you momentarily. 10. Shouse Law Group has wonderful customer service. More than 8 hours up to 12 hours in a workday; or, The first 8 hours on the seventh consecutive day in a workweek, More than 8 hours on the seventh consecutive day in a workweek. daily or weekly overtime thresholds. Linda focuses her practice on representing consumers, small businesses, and employees in complex litigation. Because they are exempt, they rarely receive overtime or double-time wages. Yes, there are certain types of payments that are excluded from the regular rate of pay. Then each worker receives the group rate multiplied by the number of hours they worked. Myth #1: Unauthorized Overtime Is Not Compensable. To properly compute overtime on a flat sum bonus, the bonus must be divided by the maximum legal regular hours worked in the bonus-earning period, not by the total hours worked in the bonus-earning period. In no case may the regular rate of pay be less than the applicable minimum wage. Employees on alternative workweek schedules are still owed overtime if they: Collective bargaining agreements or union contracts between unionized employees and their employers can also stipulate exceptions to overtime pay rules.4. When do California mandatory overtime rules apply? Since Bill worked 49 total hours in a workweek which is nine more hours than the typical workweek maximum he is entitled to nine hours of one-and-a-half overtime pay. It's a quick and hassle-free way to keep your coverage up to date. work more than 40 hours in a single workweek. the regularly scheduled number of hours under the AWS, or. The largest category of exempt workers is white-collar employees: Executive, administrative, and professional workers who exercise their own discretion and independent judgment in the workplace. There are three main ways to determine a regular rate of pay in order to calculate overtime for piecework or commission employees: Then the standard time-and-a-half and double-time rules apply to any overtime hours worked. Overtime on the production bonus is then paid at .5 times or 1 times the regular rate for all overtime hours worked in the bonus-earning period. Training Time: If attendance at training sessions is mandatory, employers are required to pay employees for these hours, including adding them to calculation of overtime hours. Any work in excess of 12 hours in one day shall be compensated at the rate of no less than twice the regular rate of pay for an employee. If youre owed overtime pay, our lawyers can help you recover it. Either way, employees who are entitled to overtime pay may not waive their right to it. Discretionary bonuses or sums paid as gifts at a holiday or other special occasion, such as a reward for good service, which are not measured by or dependent upon hours worked, production or efficiency, are not subject to be paid at overtime rates and thus are not included for purposes of determining the regular rate of pay. Please note: Our firm only handles criminal and DUI cases, and only in California. Californias overtime law is more generous than the FLSA overtime requirements in the following ways: As a California employee, you benefit from one of the most generous overtime compensation wage laws in the country. The regular rate of pay is simply the piece or commission rate. (2008) 160 Cal.App.4th 1393, Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004, Bradley v. Networkers Internat., LLC (2012) 211 Cal.App.4th 1129, Huntington Memorial Hospital v. Superior Court (2005) 131 Cal.App.4th 893, Alvarado v. Dart Container Corporation of California, (2016) 4 Cal. He is a full-time employee and is non-exempt. However, in circumstances where the workweek is less than 40 hours, the law does not require payment of the overtime premium unless the employee works more than eight hours in a workday or more than 40 hours in a workweek. Posted on October 22 Double-time pay laws vary by state. Example: One week Laura works 30 non-overtime hours at $15.50 per hour. Divide the annual salary by 52 (weeks) to get the weekly salary. Very helpful with any questions and concerns and I can't thank them enough for the experience I had. A Deputy Labor Commissioner will then decide whether to: Alternatively, employees can sue the employer for unpaid overtime in a traditional lawsuit. They would get their normal wage up until eight hours are worked. We can now plug these numbers into the overtime formula: overtime pay = $30 1.5 10. overtime pay = $450. more than 8 hours on the seventh consecutive day in a workweek. 8, 11010 11170. Additionally, if you no longer work for this employer, you can make a claim for the waiting time penalty pursuant to Labor Code Section 203. In others, you are entitled to 2 times your regular rate of pay. Vacation, sick, holiday, and other "unworked" hours do not count toward Any work in excess of eight hours in one workday and any work in excess of 40 hours in any one workweek and the first eight hours worked on the seventh day of work in any one workweek shall be compensated at the rate of no less than one and one-half times the regular rate of pay for an employee.

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