All employees have the right to be paid properly. In the United States, federal law covers things like minimum wage and overtime pay. Certain states, including California, have laws that provide even better protections than the federal laws. In those cases, state businesses must follow state laws.
One area in which California has particularly protective laws is overtime pay. This is meant to ensure that workers are fairly compensated for long hours. Understanding when overtime applies is critical for anyone – but particularly someone who is paid hourly.
When does overtime apply?
For most nonexempt employees, overtime kicks in when they work more than eight hours in one day or more than 40 hours in a week. The rate of most overtime pay is 1.5 times an employee’s normal hourly rate. If an employee works more than 12 hours a day, any hours over 12 require double pay. Employees who work seven consecutive days must be paid double time for any hours worked beyond the first eight hours of the 7th day.
Who is exempt from overtime pay?
Certain salaried employees, such as some in administrative, executive or professional roles, may not be eligible for overtime pay. Independent contractors don’t qualify in California, which is one reason why workers must ensure that they’re properly classified if they actually fall into the category of employee.
If an employee doesn’t receive overtime pay when they’re required to, they may choose to take legal action against the employer to try to recover the money they missed. These cases can be complex, so it’s best for them to have experienced legal guidance to navigate labor laws and how they apply in California.