Non-qualifying employees are not entitled to overtime payments. Executives, administrators and professionals (more than 50% of the time) are commonly exempted from the requirement of overtime compensation.
WAGE & HOUR LAW
We help employees claim and collect unpaid wages guaranteed by state (California Labor Code §§ 500-558) and federal law (Fair Labor Standards Act). An overtime lawyer protects a worker's right to be paid the wages they have earned, plus penalties.
40 HOUR RULE
Any work in excess of 40 hours in anyone workweek and the first eight hours worked on the seventh day of work in any one workweek must be compensated at the rate of no less than one and one-half times the regular rate of pay. Calif. Labor Code § 510(a).
8 HOUR RULE
Eight hours of labor constitutes a day's work. Any work in excess of 8-hours in one workday must be compensated at one and one-half times the regular rate of pay. Calif. Labor Code § 510(a). Read more...
12 HOUR RULE
Any work over 12 hours in one day must be paid at least twice the regular rate of pay. Calif. Labor Code § 510(a).
7th DAY RULE
On the seventh day of work, any work over 8 hours must be paid at least twice the regular rate of pay. Calif. Labor Code § 510(a).
Sources of Employment Law
Wage and Hour Laws
State & Federal Laws Apply
State Labor Law (CA)
Working conditions, hours and wages are covered by the Labor CodeCalifornia Labor Code §§ 1171-1205 Both adults and minors fall under these provisions of employment, in any trade or industry. It does not matter if payment is calculated by time or by "piece." Outside salesman are not included.See Calif. Labor Code § 1171
What is the Fair Labor Standards Act?
Family and Medical Leave Act (FMLA)
We represent workers in California pursuant to the FMLA and California Family Rights Act (CFRA) regarding unpaid leave to care for children, pregnancy discrimination and retaliation. Contact us.
Piece Rate Employees
Wage orders are administrative regulations for particular occupations, trades, and industriesSee Calif. Code of Regulations, Title 8, Note that the California Supreme Court stated that wage orders provide greater protectionSee Peter Ramirez vs. Yosemite Water Company (1999) 20 Cal.4th 785 than is provided under the FLSA. For more information about wage classifications in California, contact us, or view this pdf, "Which IWC Orders?" offered by the Department of Industrial Relations.U.S. Dept. of Industrial Relations
The Outside Salesperson Exemption
The meaning of the term "outside salesperson" is defined in case law as those employment situations where the employee performs a mixture of delivery and sales work.See Peter Ramirez vs. Yosemite Water Company (1999) 20 Cal.4th 785
Wage Orders for Particular Industries!
The Industrial Welfare Commission issued Wage Orders for particular jobs. If a Wage Order does not apply, an Occupational Order may apply.
Read More About Wage Orders...
An aggreived employee may assert their rights by filing a civil action. The first step is to determine whether a Wage Order applies to your workplace. Read more...
Determine the Number of Hours Worked
Determining the length of time a person worked in a week is not always easy because the FLSA did not provide a definition for "hours worked."See Tennessee Coal, Iron & Railroad, Co. v. Muscoda (1944) 321 US 590, 600. 64 S Ct 698
Prizes offered by employers can lure employees to work after hours in pursuit of the award or prize. An employee may be compensated for this time if the employee spent considerable time on the pursuit, which itself, bears a relationship to the employees regular work and perhaps also if an employee is urged to participate to merit advancement.29 Code of Federal Regulations § 778.332(a)
DONNING AND DOFFING
Employee time spent changing clothes can be paid time if it is part of the employee's job responsibility.
There is no mandate in the FLSA that requires an employer to pay an employee for work absences, whether its for illness or vacation.See Boll v. Federal Reserve Bank of St. Louis (8th Cir 1974) 365 F Supp 637, 646–647, 497 F2d 335. Nor does California Labor law have a law requiring pay for work absences.
If an employee is called back to work after a shift, an employer may be require to pay for the hours between getting off and going back. It depends on if the employee was relieved of duty, the length of time and what the employee was told in advance.29 Code of Federal Regulations § 785.16 California law also applies to call-backs.8 Calif. Code of Regulations § 11010 If a meeting was scheduled immediately after a shift, no reporting of time is required.See Aleman v. Airtouch Cellular (2012) 209 Cal4th 556, 569–574, 146 Cal.Rptr3d 849
Unless a union exists, time that the employer and employee take "adjusting grievances" such as discussing complaints, feelings or other grievances is paid time, so long as the employee is doing so at a time when they are required to be working at the employer's premises.29 Code of Federal Regulations § 785.42
If an employee spends time doing charity type work, they should be paid if the employer requested the charitable work and it was done under the employer's control or happens when the employee is supposed to be working onsite.See 29 Code of Federal Regulations § 785.44; See also Tony and Susan Alamo Foundation v Secretary of Labor, (1985) 471 US 290; 105 S Ct 1953 Volunteering is not compensable.
Time that employees spend with inspectors is paid time in California.See Division of Labor Standards Enforcement v. Texaco, Inc. (1983) 152 CA3dSupp 1 "an employer's failure to pay employees for time during which they were engaged in walkaround inspections, is … Continue reading A federal court decided differently, that the time spent with an inspector is not compensable time unless there is proof that the employer directly benefited from the inspection and that it was under the employer's control.See Leone v. Mobil Oil Corp., 523 F.2d 1153, 1163
State Wage & Hour Law (CA)
The FLSA and the California Labor Code have strict requirements for non-exempt employees regarding overtime pay, unpaid vacation time, holiday leave, employee breaks, sick leave, severance pay and working off the clock. Waiting time penalties accrue for fired employees and those who quit who are not promptly paid. Commission employees must average at least minimum wage. Recent court decisions establish numerous employee rights to compensation. Contact us for a case evaluation.
How is a Workweek Defined in California?
While federal law defines overtime on a weekly (168 hour) basisSee 29 Code Federal Regulations § 778.102, California wage & hour law provides for overtime on a daily and weekly basis.See Calif. Labor Code § 510; see also Calif. Code Regulations §§ 11010-11130 Wage Orders Workweeks are defined as any consecutive seven (7) days, beginning on the same day each week. Specifically, a "workday" means any consecutive 24-hour period. A "workweek" is a fixed 168 hours or a period of seven consecutive days.See Calif. Labor Code § 500
Been Denied Manadaory Overtime Pay?
If you have been told that you do not get overtime pay, either file a formal complaint with the California Labor Commissioner or contact us to file a lawsuit based on your wage and hour claims for overtime pay.
Do I really need an attorney?
If you believe you may have an overtime dispute, it is a good idea to speak with a lawyer about your employment matter. Use the contact form to describe your issue and we will reach out to you discuss your overtime issue.
Are Wage Deductions Legal?
California courts have limited the employer's right to deduct amounts from an employees paycheck for debts owed to the employer.See Barnhill v. Robert Saunders & Co. (1981) 125 CA3d 1, 177 CR 803 If this describes your situation, do not hesitate to contact an employment / overtime attorney.
Family and Medical Leave Act (FMLA)
We represent workers in California pursuant to the FMLA and California Family Rights Act (CFRA) regarding unpaid leave to care for children.
Retaliation Against Employee
We represent employees who have been retaliated against in California. If you have been retaliated against at work for any legal reason, contact us today for an evaluation of the facts.
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