Overtime pay is important. Each employee deserves to be paid what they have earned under California overtime pay laws. If you can take 60 seconds to read through this article you will be able to determine if you can collect overtime pay.



It’s important for employees as well as employers to be current with the latest labor laws and overtime pay laws. Employees who are not educated on current overtime pay laws are not receiving fair pay. Employers who are not up to speed with the overtime laws can be sued and fined heavily. Currently, In the state of California, non-exempt employees are required, by law, to receive overtime pay. Non-exempt or non-professional employees are those who receive hourly wages. These employees are subject to wage and hour laws. Employees who fall into the exempt status are not subject to the overtime laws.

According to the state, eight hours is equal to one work day. Employees can not work beyond a total of eight hours per work day or over 40 hours, in a 6-day work week, without receiving overtime pay. Overtime is equal to one and one-half times an employee’s regular rate of pay. The following is an example of how to calculate overtime pay:

Test 1: Are you receiving pay in accordance with the chart below for all hours worked under California Overtime Law?

•1 ½ 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 work week

•Double the employee's regular rate or pay for all hours worked in excess of 12 hours in any work day and for all hours worked in excess of eight on the seventh consecutive day of work in a given work week.

Test 2: Are you mislabeled as Independent Contractors and Freelancers and not paid your deserved Overtime Pay?

According to the state labor laws, independent contractors and freelancers are considered entrepreneurs or self-employed. Self-employed workers are not required by law to receive overtime pay but if the company that hires an independent contractor classifies him/her as an employee, they are required to pay overtime. In other words, if the person that hires you to work misclassifies you as an employee for tax breaks, you can actually sue them for misclassification and collect your overtime, interest and penalties. Contact a lawyer immediately if you feel you are misclassified to enforce your overtime pay rights!

Test 3: Determining Rates of Pay Under the Overtime Laws and off the clock work

In California, employees are also obligated to pay their employees overtime pay even if it is considered unauthorized. An example of unauthorized pay is when an employee works overtime without receiving permission or approval to work extra hours. The employer may take it upon themselves to reprimand or even fire their employee who violates their company’s policy by working overtime without approval. However, they are required to pay.

If you feel you are being treated unfairly or ripped off by your employer you should consult a California Overtime Law attorney immediately.



By: Kathleen Armitage