There are certain wage rules under the California Labor Code that an employer must follow when determining an employee’s compensation. One of these rules is with respect to an employee’s Overtime wages.
Under California law, employees are to be paid one and a half times (1.5x) their regular rate of pay for all hours worked over eight in a day and 40 in a workweek. In addition, in California employees are to be paid double (2.0x) for any hours worked over 12 in a day and for any hours worked over eight on the seventh consecutive day of work in a week. One major issue with regards to unpaid overtime is if an employee has been forced to complete off-the-clock work, and the time spent completing those tasks combined with the employee’s normal working hours exceeds eight hours in a day or 40 in a single workweek, the employee may have been entitled to certain hours compensated at their overtime rate of pay, without even knowing. If an employee was not properly provided with their overtime wages, many deri
Another issue surrounding overtime rules is whether the law applies to a particular employee. Under both federal and state law, certain employees don’t have to be paid overtime. Some of these federal and state exemptions are for executive positions, administrative positions, professional positions, some computer positions, employees of the state or local government, outside sales personnel, taxi drivers, actors, and babysitters. These employees are know as “exempt employees.”
Many employers will claim that their employees are exempt from overtime when they actually are not. Most of the conflicts arise from positions which are executive, professional or administrative. Employers will claim that their employees are working in an executive, professional or administrative position when they actually are not in order to get out of paying overtime. Therefore, there are standards which must be met in order for a position to be classified as executive, professional or administrative.
In order for a position to be considered as an executive position, an employer must show three things: that the employee’s duty is either managing the employer’s business or a specific department of the business, that the employee manages at least two full-time employees, and that the employee has the power to hire and fire employees.
To prove that an employee is working in an administrative position, an employer must show that the employee’s primary duty is the performance of office work related to the management or general business operations of the company, and that the primary duty involved the exercise of discretion and independent judgment with respect to important company business. Generally, administrative employees are those who keep the business running, such as HR personnel, computer support personnel, and accounting personnel.
In order for a position to be classified as a professional exemption, an employer must prove that an employee’s job duties involved work that required advanced knowledge in a specific field, and that the knowledge must be acquired by an advanced degree. This could include doctors, lawyers, scientists, pharmacists, and also can include certain creative positions.
If you believe you have not been properly compensated with your overtime rate of pay, or if you are owed certain hours of overtime, give us a call at 855-IM-FIRED for a free case evaluation. Our attorneys have substantial experience with these types of cases representing individuals who have not been properly compensated with their correct overtime rate of pay, or who are currently experiencing retaliation after raising overtime issues with their employer.
There are no up-front costs and you do not pay any attorneys’ fees unless we get a recovery in the case.
Contact our Los Angeles California employment attorneys and lawyers now for all of your employee rights’ needs!
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