Unpaid Overtime

In California, nonexempt hourly employees are entitled to overtime pay in the following circumstances:

• Hours worked over eight (8) hours in one day must be paid at 1.5 times the regular hourly rate of pay

• Hours worked over forty (40) hours in one week must be paid at 1.5 times the regular hourly rate of pay

• Hours worked over twelve (12) hours in one day must be paid at 2 times the regular rate of pay (double pay)

Certain types of employees do not qualify for overtime pay.  These employees are classified as “exempt” employees.  These employees must make over two times the minimum wage for the state of California and have an exemption based on their job duties.  The more common exemptions include:

• Executives who spend over 50% of their time managing two or more employees and who have the authority to hire, fire, and influence the promotions of employees.

• Administrative employees who perform office or non-manual work directly related to the management or general business operations of the company and who regularly exercise discretion and judgment under general supervision.

• Professionals whose work requires certain education and advanced knowledge and/or a license or certification issued by the state

• Employees who work with high-tech equipment or computers

• Certain sales employees

• Independent contractors

Note that employers often misclassify employees as exempt or independent contractors in order to not pay overtime.

What to do if you are not receiving overtime pay for hours you worked?

If you are not receiving overtime pay for the overtime hours you have worked, you should contact an attorney experienced in wage and hour law.  The attorneys at Employment Lawyers are experienced in wage and hour cases and are committed to helping employees receive the compensation for all of the hours worked.