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May-15-2007 |
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Is Your Boss Stealing From You Under California Overtime Pay Laws? Learn these 3 Simple Secrets |
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overtime pay laws |
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Shocking but true! Some employers actually know their employees are owed overtime, but attempt to skate the law! Just recently, a large electronics store chain paid the price to the tune of millions of dollars for making this mistake. If you can take 45 seconds of your time to read this article you might be able to recover the money your boss in stealing from under California Overtime Law.
Secret #1 Determine If You Should be Paid Overtime.
California state and federal governments took action when they learned recently that many employees were violated in regard to their eligibility for overtime pay. California took action and set up new declarations that secured employees and paid them properly under the California Overtime Pay Law. Under the California Labor Law Overtime, an employee is expected to be paid by employers unless there is an exemption to such overtime pay. Only some execs are not eligible for overtime pay.
Recently a leading law firm in Los Angeles took action by initiating an investigation of violations whereas some employees were not given their overtime pay as required by the California labor law. United States Employment and California overtime law protects workers civil rights regarding overpay. Under the California Overtime Labor Law rules, most employees that work over 40 hours and more than 8 hours per day qualify for overtime pay. Since violations were reported recently, new declarations set state regulations that stipulate that any employer must avoid misclassifying their employees whether accidentally or intentionally. This law enforces the payment of overtime compensation.
Secret #2 Learn the Law as to What You Are Owed In California Overtime Pay:
This law is based on an eight hour day and 40 hour work week. 1.5 equals overtime at 1 ½ times the employee(s) normal pay rates.
Double Time is two times the employee’s rates of pay for hourly wages above 12 hours per workday and more than 8 hours on 7th day of an employees work schedule.
Under the California Labor Law, employee’s hourly salary pay may qualify for the overtime pay based on weekly pay, bi-weekly pay, or monthly compensation. This does not mean that the employee is not exempt or that the employee is not eligible for overtime compensation. The California Labor Overtime Law bases this on actual job duties, rather than description, or “job titles.”
A noted California Overtime Attorney comments, “Employers seem to believe that they can just label an employee a manager, assistant manager, or supervisor and avoid payment of overtime wages. Fortunately, for employees, the system is not set up that way. The actual job tasks among other factors, dictate whether an employee is entitled to overtime under the California Overtime Laws.”
Secret #3 Determine if you are exempt of non exempt from California Overtime Law:
Employees must classify under the “non-exempt” rule. Administrative workers, executives or professionals under the California Labor Law must fall under particular requirements to be exempt of the overtime pay. Salary tests, such as duties and test set determines whether the employee qualifies under the California Overtime Labor Law.
If the employee is exempt, he/she is not qualified under the California Labor Law. This includes rest or meal stipulations or uniform obligatory requests. Moreover, this law is set for additional protections that fall under the IWCO (Industrial Welfare Commission Order)
Exempt workers include administrative or executive employees. The California Labor Law requires that specific employees must execute “non-manual” labor as his or her principal duty. This duty being related directly to policies set by managerial staff, educational admin, and practical company operations. In short, execs that work half time or supervisor that have subordinates beneath them may be exempt from the California Overtime Labor Law. There are several factors that must be examined, however to be sure.
Kathleen Armitage is a freelance journalist who frequently contributes and comments on California labor issues. To learn more, visit www.paymeovertime.com and www.collectovertime.com
By: Kathleen Armitage
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