Federal and state laws requires employers to pay for overtime if an employee works more than a set number of hours per day or work week. If an employer does not compensate a worker for overtime hours, the employee may have grounds to file an unpaid overtime claim.
Are you a California employee with questions or concerns about overtime hours at your job? If so, please contact our employment rights lawyers 24 hours a day, 7 days a week.
When are Employers Required to Pay Overtime?
According to federal law, employers are legally required to pay eligible employees at a rate of time-and-a-half for any time that is over 40 hours per week. However, California has its own set of overtime laws that are more generous than the federal guidelines.
California’s overtime laws dictate that workers are entitled to overtime of time-and-a-half if they meet the criteria listed below:
- The employee worked more than 8 hours in one day
- Their worked over 40 hours within one work week.
There is another rule under California law where employers are required to pay twice the employee’s regular rate for either of these situations:
- When the employee has worked more than 12 hours per day
- They worked over 8 hours within one work day for 7 consecutive days.
Are All Employees Eligible for Overtime Rates?
No, under both federal and California laws, only workers who are classified as “non-exempt” are eligible for overtime pay. The term ‘non-exempt” refers to workers who are not exempt from the requirements established by the California Labor Code (state employment claims) and the Fair Labor Standards Act (federal employment cases).
There are some key differences between federal and state laws for the classification of employees as either exempt or non-exempt. However, most of the requirements are the same, and there are misconceptions regarding employee classification that can be cleared up by understanding your rights under these laws. For example, a worker’s status does not depend on whether they are paid a pre-determined salary or by the hour.
However, we can say for sure that most employees who are correctly classified as “exempt” serve administrative functions or work as executives. That’s why the exempt employee classification is also referred to as the “white-collar exemption.”
Exempt employees that are not eligible for overtime meet the following conditions:
- They spend 50% or more of their work hours on professional, executive, or administrative duties.
- They exercise independent judgment and discretion in order to carry out their work duties
- Their salary or hourly wage is at least two times California’ minimum wage.
Overall, the white-collar exemption is the primary reason why an exempt employee is ineligible for overtime pay. However, there are specific exemptions that are based on your profession, which include:
- Computer / IT professionals
- Teachers
- Doctors / surgeons
- Employees for the University of California
- Outside salespeople
- Employees that work on commission
These employees are governed by wage and hours laws that are specific to their profession / organization.
Wrongly Classifying an Employee as Exempt
Misclassifying an employee as exempt is one of the most common labor violations in California, particularly in the area of overtime violations.
For the employee, it’s beneficial to classify workers as exempt, since it saves them from having to pay California’s overtime rates once the employee works beyond a certain number of hours. However, workers should be aware that employee classifications must follow the current guidelines set forth by federal and state laws. That means you have every right to fight a misclassification of employment status if you were denied overtime pay and other benefits, like meal and rest breaks and a salary that’s at least the minimum rate under California law.
Please note that in California, the burden of proof to show that an employee is exempt from overtime pay is on the employer, not the employee. Workers whose rights were violated should contact a California wages and hours violation attorney to learn about their rights and legal options. A legal expert at California Labor Law Employment Attorneys Group can help you file an unpaid overtime claim and obtain the compensation you deserve by law.
Class Action Claim for Unpaid Overtime in California
If you have discovered that your employer has denied you overtime pay, there’s a good chance that some of your coworkers are in the same position.
In cases where multiple people at a workplace are denied OT pay, the affected employees have the choice to join a class action lawsuit instead of filing individual claims against their employer. An employment rights class action lawsuit has numerous benefits for all the class members, including reduced legal fees and having a stronger case that’s based on similar allegations of wrongdoing from multiple individuals. As a result, the employer is more likely to take these claims seriously and be more cooperative in working towards a settlement.
Contact an Employment Rights Lawsuit Attorney
As someone who was cheated out of the overtime you rightfully deserve, legal representation is essential to holding your employer accountable and obtaining the funds you are owed.
The unpaid overtime violations lawyers at our office will offer you a Zero Fee Guarantee right from the start. That way, you can take legal action against your employer without paying a single cent out of pocket. The cost of legal fees is taken out of your settlement check, meaning there is no cost to you whatsoever if we don’t bring about a successful resolution to your case.
To schedule a free case review with our legal team, contact our law firm as soon as possible.
