When Are You Entitled to Extra Compensation?
California law offers some of the most robust protections for employees, especially when it comes to overtime pay. If you work in California, understanding your rights to overtime pay can ensure you’re compensated fairly for the hours you put in. This article will break down what overtime pay is, when you’re entitled to it, and how California’s overtime laws differ from federal standards. We’ll also offer links to resources where you can learn more, and explain how Shaumyan & Derbarseghian, LLP can assist if you believe you’re owed overtime pay.
1. Understanding Overtime Pay in California
Overtime pay refers to additional compensation an employee earns for working over a certain number of hours. Under California law, most employees are entitled to:
- Time-and-a-half (1.5 times the regular hourly rate) for hours worked over 8 in a workday or over 40 in a workweek.
- Double-time (2 times the regular hourly rate) for hours worked over 12 in a workday or over 8 hours on the seventh consecutive day in a workweek.
Unlike federal law, which only mandates overtime after 40 hours in a week, California’s daily overtime requirements provide additional protections.
Source: Learn more about the California Department of Industrial Relations Overtime Rules.
2. Who Qualifies for Overtime Pay?
Not all employees are eligible for overtime. To qualify under California law, employees must meet specific criteria, and understanding whether you’re eligible involves assessing whether you’re classified as non-exempt or exempt.
- Non-exempt employees are entitled to overtime pay under California law.
- Exempt employees include certain professionals, executives, and administrators who typically receive a salary above a certain threshold and perform specific types of duties. If you’re classified as exempt but believe your job duties don’t match this classification, you might still qualify for overtime pay.
3. Types of Exemptions: Who Isn’t Eligible for Overtime?
California law specifies several types of exemptions from overtime:
- Executive Exemption: For employees primarily engaged in managerial tasks.
- Administrative Exemption: For those involved in administrative tasks directly related to management policies or business operations.
- Professional Exemption: Typically applies to licensed professionals like doctors, lawyers, and teachers.
- Computer Software Exemption: Employees in certain tech roles who meet salary requirements may not qualify for overtime.
- Outside Sales Exemption: Applies to those who regularly work outside the employer’s business premises.
These exemptions have strict guidelines, and employers must ensure they classify employees correctly. Misclassification is a common issue that can lead to legal disputes.
Source: Visit the California Labor Code Exemption Guide for further details.
4. Calculating Overtime Pay: What Should You Expect?
To calculate your overtime pay accurately, start with your regular hourly rate. Here’s how it typically works:
- Time-and-a-half: Multiply your hourly wage by 1.5 for every qualifying overtime hour.
- Double-time: Multiply your hourly wage by 2 for every qualifying double-time hour.
For example, if your regular hourly wage is $20, your overtime rate would be:
- Time-and-a-half: $30 per hour
- Double-time: $40 per hour
If you work unusual shifts or receive commissions or bonuses, these can impact your overtime pay. Employers must include these payments in calculating your “regular rate of pay” to determine your correct overtime wage.
5. Common Overtime Violations to Watch For
Overtime violations are unfortunately common, often due to misclassification or errors in calculating the correct overtime rate. Here are some common violations:
- Misclassifying Employees: Employers sometimes incorrectly label employees as exempt to avoid paying overtime.
- Off-the-Clock Work: Employers must pay for any work-related tasks completed outside regular hours.
- Failing to Include Bonuses or Commissions: Employers must include any non-discretionary bonuses or commissions in the overtime calculation.
- Forcing Employees to Work Through Breaks: California law requires that non-exempt employees receive a 30-minute meal break if they work more than 5 hours and a second break if they work more than 10 hours.
If you experience any of these issues, it may be worth consulting a labor law attorney to help determine your options.
6. Legal Protections for Employees: What You Can Do if You’re Denied Overtime Pay
California law mandates that employees can file a claim with the Division of Labor Standards Enforcement (DLSE) if they believe they’re owed overtime. This process includes filing a wage claim or pursuing legal action if your employer refuses to comply.
Source: For more information on how to file a claim, visit the DLSE Wage Claim Process Guide.
7. When to Consult a Lawyer for Overtime Disputes
If you suspect you’ve been denied fair overtime pay, contacting an experienced employment lawyer is a good first step. Labor law attorneys can review your case, determine if you’ve been misclassified, and calculate the amount of overtime you’re owed. California law is complex, and navigating it alone can be challenging, especially if your employer disputes your claim.
Why Choose Shaumyan & Derbarseghian, LLP for Your Overtime Case?
At Shaumyan & Derbarseghian, LLP, we specialize in representing employees in wage and hour disputes, including cases involving unpaid overtime. We’re committed to ensuring our clients receive the compensation they’re entitled to under California law. Our law firm operates on a contingency fee basis, meaning we don’t get paid until we successfully win your case.
If you believe you’re owed overtime or have been misclassified as exempt, our team is here to help. Contact Shaumyan & Derbarseghian, LLP today for a free consultation to discuss your case and understand your rights.
