If you can spare 3 minutes to read this article, you will be empowered to determine if you, and your family members are entitled to overtime under the law. Think about it. This knowledge is worth thousands of dollars and a labor attorney can help.



Secret 1: Not just over 40 hours for California Overtime Laws, but over 8 per day!

Under California Labor Law Overtime, the Fair Labor Standard Act also referred as Fair Labor Act or FLSA provides extra benefits and certain guarantees to the employees like a minimum rate of pay for overtime pay. Eligible employees should be paid for the overtime at the rate of 1 ½ times their regular rate or pay for all the hours over 40 in a work week under overtime law. But what about the state law. Here is the key. In California you are entitled to overtime when you work over 8 hours in a day or 40 in a week! This is more restrictive than the federal law and benefits California employees more!

Secret 2: Are you Really Exempt from Overtime?

The Fair Labor Standards Act has its specific rules for the employees to be covered under the act; it also keeps account of the employees exempt from the Act. Under California Overtime Laws, exempt and non exempt are common terms notifying covered (Non exempt) and non-covered (exempt) in the Fair Labor Standards Act. According to California Overtime regulations, it is usually the employees holding a managerial or professional position that do not meet the requirements for the Fair Labor Standards Act in order to be paid overtime. California Overtime Laws is more lenient when it comes to exemptions. For example, a manager must be performing exempt duties more than 50% of the time to be deemed exempt and not entitled to overtime. This benefits the employee!

Secret 3: Exemptions Vary By Industry You Work In

Fair Labor Standard law also has certain rules and regulations set aside to different industries as restaurants (for example it can be rules about tipped employees etc), or there are certain rules for construction and manufacturing as well. California law has less exemptions to overtime and its laws are interpreted more in favor of the employee in most cases.

Several businesses do abuse or even fail to meet the legal obligation to pay overtime. Problems arise due to the fact that there are a number of complicated exemptions and exceptions to California Labor Law Overtime. Many businesses violate federal law without the intention to underpay. However, other businesses choose to take advantage of employees and their lack of knowledge of overtime law in California. Through these creative scams, employers have critically cheated employees out of money that’s due. Fortunately, through valiant efforts of federal and state authorities, as well as California labor attorneys, many of the scams have been disputed and identified—resulting in additional pay due the employees.

It is required by the employer to pay the employee the overtime pay rate as per the rules stated by the Fair Labor Standard Act. The Fair Labor Standard Act, however, does not compel employers to pay the employees for Saturdays, Sundays and holidays—unless those days are designated by the company for overtime. Employers, however, may elect to pay the overtime pay in situations stated. In these cases, the overtime pay is either paid as the custom, or it follows the requirements of the Overtime Law in California or as negotiated in the union contract if an employee is in a union.

If you are a California employee and believe you are owed Overtime or your employer has violated your rights, take action now and talk to an Experienced California Labor Attorney.

By: Lars Sheckton