Our Unpaid Wages Lawyer in Los Angeles Explains the Rules
California laws govern how employees and nonexempt employees receive pay for working more than 40 hours per week.
Part-time employees work less than 40 hours. As a full-time employee, you are working 40 hours per week. However, you might go into overtime once you pass the 40-hour limit. The same is true if you exceed a certain number of hours during a single workday.
When Does an Employer Have to Pay Overtime?
Your employer could be committing wage theft if they refuse to pay you time-and-a-half for working overtime. It would depend on your employment classification. There are nonexempt employees, exempt employees and independent contractors. The rules for overtime pay are different for these three classifications.
Employers have to pay you double your rate if you exceed 12 hours in a single day.
Overtime Pay for Exempt and Nonexempt Workers in California
Managerial workers, or supervisors, may be exempt under California law. The same is true for certain job titles and duties that are exempt from California overtime law. Exempt means California’s overtime laws do not apply to certain employees or workers.
You can check if an exemption applies to you by visiting the Department of Industrial Relations’ website. However, the terms and rules are confusing for most people who do not have experience with employment law in our state. We encourage you to call us if you are unsure about whether you are exempt or if you feel that your employer improperly classified your role or duties to impose an exemption.
Nonexempt workers must receive overtime pay in California. Rules regarding meal and rest breaks apply to workers with this classification.
Keep in mind, it is necessary for workers to meet what California’s industrial rules consider to be nonexempt. An attorney at our firm can answer any questions you have about your classification and overtime pay.
Wage Theft and Employer Misclassification in California
There are a couple of ways employers use California’s overtime laws to misclassify workers. By improperly classifying workers, the employer may refuse to pay overtime. For example, there are many cases in California where companies attempted to misclassify employees as independent contractors. Employers may do this to not only get out of paying overtime, but also other benefits and resources these workers need to perform their jobs. Additionally, employers may also classify workers as managerial employees or other types of workers who receive exempt status in California.
It is difficult for most people to determine whether their employers misclassified their roles or duties. We encourage you to contact us if you have questions about employment misclassification in California.
Contact an Unpaid Wages Lawyer in Los Angeles to Learn More
Our attorneys dedicate our law practice to helping workers who were wronged by their employers. Kesluk, Silverstein, Jacob & Morrison, P.C. offers free consultations to employees and other types of workers who have questions about California labor laws.