Employee Overtime Wages Attorney Santa Rosa, CA | Sonoma County
Overtime Wages For Hourly Employees
For nonexempt employees (sometimes referred to as hourly employees) or those that should have been classified as such, California law requires that an employee be compensated at one and one-half the regular hourly rate of pay for any work performed in excess of eight hours in one workday and any work in excess of 40 hours in one workweek.
In addition, an employee is to be compensated at one and one-half the regular hourly rate for the first eight hours for any work performed on the seventh consecutive day in a workweek.
For any work in excess of eight hours on any seventh consecutive day of a workweek and any work in excess of twelve hours in one workday shall be compensated at twice the employee’s regular rate of pay.
Salaried Employee Overtime Wages
Salaried employees may be entitled to overtime too.
Some employees are either accidentally or purposely misclassified as exempt from overtime pay. Either way, if an employee has been misclassified as exempt from overtime pay, he or she is still entitled to be paid for their overtime work.
There are several tests to determine if an employee is eligible for overtime pay regardless if they are normally paid as a salaried employee.
One test to determine eligibility for overtime pay is the “duties test”, which assesses the person’s responsibilities, actual work being performed, who the person reports to, and the number of employees the person is in charge of, amongst other things.
Unrealistic job descriptions and titles are not part of the analysis. An employee is typically considered a nonexempt employee, and, thus entitled to overtime, unless the employee’s actual job duties meet all of the requirements for a specific exempt classification.
Are You Owed Overtime Wages?
If you think your employment rights have been violated, you should immediately contact an attorney to examine your case. Many employment law claims have a short statute of limitations, which means that you are not entitled to a recovery if you wait too long.
The longer you wait the more likely it is you will not be compensated or the amount you are truly owed will be reduced. The only way to know for sure is to contact us.
Initial consultations and evaluations for employment related violations are confidential and free, so there is no cost to you to find out if you have a valid concern and are entitled to compensation.
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