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How do I know if I am entitled to overtime pay?
California has stricter overtime pay laws than many other states. Employers are required to pay overtime for both authorized and unauthorized overtime hours. Unless they meet an exemption, California requires that employees who work over eight hours a day or 40 in a week, or work on the seventh consecutive day of a work week, be paid overtime at 1.5 times their regular rate of pay. In addition, hours over 12 worked in a day or hours over eight worked on the seventh consecutive day in a week are paid at two times an employee’s regular rate of pay.
In some cases, an employer may implement an alternative work week that allows employees to work up to 10 hours per day for four days per week without receiving overtime. However, if employees work more than the hours stipulated in the agreement, they must be paid overtime. Normal double-time rules also apply. Furthermore the agreement must follow strict legal guidelines, which include that it must be approved by two-thirds of employees in a secret ballot held during regular work hours.
Eligibility for overtime is dependent on whether employees are classified as exempt or non-exempt. Certain types of employees that are exempt have no right to overtime. However, exemptions are governed by complex rules that vary according to job type. There are many salaried employees who are entitled to overtime unless they meet all of the requirements for one of the exemptions, and there are some workers who are paid hourly who do not get any overtime.
Violations of overtime laws in California include not paying employees overtime for working extra hours and not giving or compensating them for meal breaks. An employer can forbid employees from undertaking any unauthorized overtime and discipline them. However, the employer is still required to compensate the employee for the overtime hours he or she worked in order to complete job duties.
If you are owed wages, suspect you are wrongly classified as “exempt,” or any other overtime, minimum wage or other wage error by your employer, McCormack Law Firm has an extensive background helping individuals with wage claims to recover their damages.
Other Unpaid Wage, Overtime and Commissions FAQs
- Am I entitled to meal breaks and rest breaks if I am working remotely?
- Are computer programmers and tech workers exempt from overtime?
- Can an employer disclose my immigration status if I file a claim for unpaid wages?
- Can I get fired for claiming overtime pay?
- Can I Take Legal Action Against My Employer For Unpaid Commissions?
- Can my employer change my commission plan or withhold commissions?
- Can my employer fire me for filing a wage claim?
- Can My Employer Withhold Commissions If I Resign or I’m Terminated?
- Can salaried workers earn overtime in California?
- Do I still get overtime if I am a commissioned salesperson?
- Does my employer have to pay me for off-the-clock work?
- Does my employer have to reimburse me for work expenses?
- How can a lawyer help with my claim for unpaid wages?
- How can I protect myself from wage theft?
- How can I tell if I am an independent contractor?
- How do I file a claim for unpaid wages?
- How do I know if I am entitled to overtime pay?
- How do I know if my employer needs to pay me overtime?
- How is overtime pay calculated in California?
- How much time do I have to file a wage claim in California?
- How much time do I have to file an overtime claim?
- If I receive a salary, am I exempt from overtime?
- If my employment is terminated, is my employer still required to pay me my commissions?
- Is my employer allowed to deduct anything from my paycheck?
- Is my employer allowed to deduct tips from my paycheck?
- Is my employer allowed to withhold my final wages after firing me?
- Is my employer required to pay for my meal break and rest breaks?
- My employer is forcing me to work through meal breaks. What should I do?
- What Are My Rights Regarding My Final Paycheck Once I Quit My Job?
- What are some examples of wage theft?
- What are the main differences between an independent contractor and an employee?
- What Are Unpaid Commissions in California?
- What is an exempt and non-exempt employee?
- What is the minimum wage in California?
- What should I do if I suspect my employer is withholding wages?
- What should I do if my boss asks me to work off the clock?
- What types of damages can I get in a wage claim against my employer?
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Client testimonials
This law firm was the only one to answer the phone out of the 15-20 law firms that I called that day. I had a wrongful termination case and Bryan really took the time to listen and understand what happened in my situation, and he knows the law to a T. – Shanic M.
I was owed wages and overtime and my employer refused to pay me. So I hired them to file a lawsuit. Bryan easily understood my very complicated case and I am happy with the results. – Ebi Z.
I didn’t have to pay anything, the firm took the whole risk of managing the case. Through the 14 months, Bryan always kept me updated, was very responsive and patient to questions I had. We achieved a resolution out of court in my favor, making me even happier about the experience. – Peter S.
I can honestly say that my experience with Bryan was all the way positive from day one… We had very high expectations about our case and in the end we got what we hoped for. – Roger J.
I won my trial and I got more than I expected. Everyone in the office is so nice and helpful. Even after everything was finished I could call a few weeks after and ask questions to make sure I was protected and they are more than helpful. – Husain N.
I never had to pay Bryan anything up front, nor was ever pressured to settle early. We ended up settling morning of the trial. Bryan is a really sharp, aggressive, seasoned attorney and knew the law inside and out about whistleblower cases. – Kyle B.
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