Generally, overtime refers to an additional rate of pay that is required if an individual works over a certain number of hours in a given day or week. So, how do you know if you are entitled to receive overtime from your employer?
Most San Diego workers are aware that hourly employees have to be paid overtime, at one-and-a-half times their normal hourly wage, if they wind up working more than 40 hours in a given week. However, many if not most employees in the area are not hourly workers but rather receive a regular salary.
A previous post on this blog discussed how, under California law, an employer in San Diego or, for that matter, in any other part of the state has to give all employees who are paid by the hour a certain number of breaks. These breaks must be provided under certain conditions and must also last for a specified amount of time. Certain breaks must also be provided with compensation.
As this blog has mentioned previously, sometimes California law affords broader protections to San Diego employees than does the federal law. Such is the case when it comes to giving employees regular breaks and time to take their meais.
Many Californians work in positions where they receive tips. These workers primarily work in restaurants as servers. However, since these individuals receive tips as part of their wages, there may be issues about how this income should be treated. Fortunately, state and federal laws are pretty clear, and anyone who runs astray of those laws may find themselves in the middle of heated employment law litigation.
San Diego is home to countless award-winning and famous restaurants. In fact, many successful professionals got their start working in restaurants, and many others still make their livings in the industry. One issue that often comes up in employment law is the lawful employment of minors in the restaurant industry. An experienced employment law firm can help with issues such as employee classification, understanding wage laws, denied overtime and more.