Everything You Need to Know About Wage and Overtime Laws

Are you employed in the state of California? Then you need to know about wage and overtime laws in California. Consider these frequently asked questions and their answers:

What is Overtime?

In California, the general overtime provisions are that a nonexempt employee 18 years of age or older, or any minor employee 16 or 17 years of age who is not required by law to attend school and is not otherwise prohibited by law from engaging in the subject work, shall not be employed more than eight hours in any workday or more than 40 hours in any workweek unless he or she receives one and one-half times his or her regular rate of pay for all hours worked over eight hours in any workday and over 40 hours in the workweek (or double time as specified below).

Eight hours of labor constitutes a day’s work, and employment beyond eight hours in any workday or more than six days in any workweek requires the employee to be compensated for the overtime at not less than one and one-half times the employee’s regular rate of pay for all hours worked in excess of eight hours up to and including 12 hours in any workday, and for the first eight hours worked on the seventh consecutive day of work in a workweek; and double the employee’s regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek.

Sounds Good. Are There Exceptions?

Yes, there are actually many exceptions to overtime laws. Some classes of employees are exempt from overtime laws. Meanwhile, others have overtime paid to a certain classification of employees on a basis that differs from what is stated above. Executive, administrative, and professional employees are exempt from overtime laws, as well as employees in the computer software field who are paid on an hourly basis, for instance. The same is true for outside salespeople.

Can an Employer Require an Employee to Work Overtime?

Yes, an employer can generally dictate the employee’s work schedule and hours. However, an employer cannot discipline an employee for refusing to work on the seventh day in a workweek and is subject to a penalty for causing or inducing an employee to forego a day of rest. (But an employee who is fully apprised of the entitlement to rest may independently chooses not to take a day of rest.)

Can an Employee Waive His or Her Right to Overtime?

No, California law requires that an employee be paid all overtime compensation notwithstanding any agreement to work for a lesser wage. An agreement to waive overtime would be unenforceable.

You Need a Good Attorney

Have your rights been violated regarding wage and overtime laws? If so, you may need the help of a qualified attorney to assist you. You may be eligible to file a wage claim or lawsuit in court against your employer to recover lost wages. Get in touch with an attorney today.