Overtime VIolations
CALIFORNIA OVERTIME EMPLOYMENT ATTORNEYS
California has some of the strictest overtime laws in the nation. Enforcement of overtime wage laws are regulated by the California Department of Industrial Relations. If you are paid hourly or by a salary and work more than 8 hours in one day or more than 40 hours in a work week and are not receiving overtime pay of one and one-half your regular pay rate, your employer may be in violation of California’s overtime pay laws.
You are also entitled to double time if you work more than 12 hours in one day. Those who work 7 consecutive days in one week are required to be paid overtime for each hour on the seventh day and double time after 8 hours.
If you suspect your employer is in violation of overtime laws, contact the California overtime employment attorneys at Tovarian Law.
Are You an Exempt Employee?
Whether you are eligible for overtime pay depends on whether you are an “exempt employee” or not. According to California law, you are exempt from the overtime pay requirements if you are an administrative, professional or executive employee who:
As an administrative employee performs non-manual work as your main or primary duty, which are directly related to general business operations or in educational administration.
As a professional employee whose work is primarily intellectual and involves discretion and judgment.
As a professional employee whose work is primarily intellectual and involves discretion and judgment.
As an executive employee who regularly directs the work of at least 2 other full-time employees, who is primarily a manager, and who is paid a salary over a certain amount each year.
No more than 20 percent of your time can be spent doing activities not directly connected to your duties as described to be classified as either an administrative or executive employee. If you are a retail employee, no more than 40 percent of your activities may be performing non-exempt duties.
Even if you are a salaried employee, if your job duties do not fit within these categories, you may be misclassified as an exempt employee and entitled to considerable compensation for your employer’s failure to pay you overtime.
Typical Overtime Violations
Often, an employer may circumvent the overtime laws by the following ways:
Maintaining a policy of not paying overtime
Misclassifying you as an exempt employee
Requiring you to work “off the clock” to complete unfinished work
Considering you exempt since you are paid a salary
You are earning less than the state or city minimum wage
You regularly work through lunch breaks at the request of your employer
You are “on-call” and expected to be at work within an hour
Required to go on overnight assignments requiring travel on company business
Contact Tovarian Law
The overtime lawyers at Tovarian Law represent employees whose employers are violating overtime laws. We will obtain all your work records and thoroughly investigate the facts of your employment, duties, company policies and procedures.
You are entitled to be protected from being exploited by your employer. Contact our employment law attorneys today for a free, initial consultation. We have the necessary experience and the resources to properly handle overtime violation law.