Many employees in the San Diego area are affected by the mandatory overtime requirements of the Fair Labor Standards Act. In our last post, we discussed exemptions from these requirements that apply to executive and managerial personnel. This post will continue the discussion about how the law affects professional employees, computer employees and outside sales employees. As with managerial and executive jobs, the application of an overtime exemption depends upon the reality of the job as performed by the employee, not a label chosen by the employer. However, the lines that define these jobs are easier to draw than those of executive and managerial employees.
The federal Fair Labor Standards Act provides many protections for workers in San Diego. Understanding these protections can be an important way of ensuring fair and lawful treatment by employers. One of the most significant protections in the statute are the minimum pay and mandatory overtime protections. These laws require employers to compensate employees for overtime worked in excess of 40 hours per week at the rate of 1.5 times the worker's regular pay.
Most employers in San Diego understand that they must pay employees in accordance with the Fair Labor Standards Act, a federal statute that requires employers to pay overtime for work in excess of 40 hours per week. Unfortunately, many employers attempt to circumvent the law by improperly classifying their employees. The United States Department of Labor recently announced that two Thai massage parlors in San Diego violated the statute by misclassifying their employees.
Over the past few decades there have been many efforts to help ensure fair pay between men and women in the workplace. However, a wage and hour dispute isn't usually about any type of pay disparity based on gender; on the contrary, a wage and hour dispute is about getting the right pay that you are entitled to based on your agreed-to wage from your employer and your employment status.
Like the federal government and many other states, California has rules specifying when children under 18 can work. The idea behind these rules is to protect children from abuse and make sure they are able to get the education they need without a job interfering.
If you're an employee working in the U.S., you may have heard of the Fair Labor Standards Act. The FSLA is a federal law that protects all employees, no matter what state you work in, although certain states may also provide their own laws and regulations to protect employees in addition to the FSLA. You may have heard mention of the FSLA around your workplace but didn't know too much about it. So, what is the FSLA and how can it protect you?
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.
The Terranea resort, which sits on the Pacific coastline about 100 miles away from San Diego, is facing allegations from its workers that it has violated applicable wage and hours laws, including California's provisions about mandatory breaks which previous posts on this blog have discussed.
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.