The Most Important Things You Need To Know About California Overtime Laws
Employers in the state of California are required to pay overtime. This includes whether or whether they give an employee authorization to do so.
That said, there might be some questions you have about overtime and pay. So here's a quick list of overtime FAQs, as often encountered by our prescreened Santa Clarita Employment Law Attorneys in California.
In any scenario, this rate will be 1.5 times an employee's typical rate of compensation. Overtime is paid to employees who work more than eight hours in a 12-hour workday. This also includes employees who work six days in a row during a week. They will be paid twice as much if they work more than 12 hours a day.
Employers must keep meticulous time records for all of their employees. In addition, they must pay their employees for the exact length of time they work for them.
1. What's Excluded From Normal Pay Rates?
There are a few payment types that are not included in the standard payment rates. Gifts for special occasions, for example, are not included.
In addition, payments made during periods when no work was done are also excluded. The following are some of them:
Gifts for special occasions (i.e., rewards, office games, etc.)
Reimbursements for expenses
Payments for time spent away from the office, such as vacations, holidays, and illness
Weekend salary
Bonuses
2. Does A Salaried Employee Get Paid For Overtime?
Unless they are exempt, a salaried employee must be compensated for working overtime. This exception would be spelled out in both federal and state legislation.
If indicated in specific provisions of California's Labor Code or an Industrial Welfare Commission (IWC) wage order, an employee may be exempted from receiving overtime.
3. Can My Boss Force Me To Work Overtime?
Employers are legally allowed to do so.
Employers are permitted to create work schedules in which an employee is required to work overtime. If any of their employees refuses to work overtime, they have the authority to terminate their employment.
An employer may be prohibited from disciplining its employees in certain circumstances. For example, they have the right to refuse to work on the seventh day of a workweek if someone working for them does. They may also face repercussions for not allowing the employee to take a day off to rest.
On the other hand, that employee has the option of not resting on the seventh day if they so desire.
4. When Should You Be Paid For Overtime?
Overtime must be paid in either:
Before or on the payday of the next regular payment period
After the period in which overtime was earned
Actual time worked must be paid within the pay period in which those hours were performed. Overtime compensation can be deferred until the next pay period, but not beyond that.
If your boss refused to pay you on these time frames, consult with a Santa Clarita Employment Law Attorney to file claims.
5. Can An Employee Waive Their Right To Overtime?
They can't.
In California, overtime must be paid regardless of any agreements an employee may have made with an employer.
Even if such an agreement exists, an employee may be able to recuperate the overtime they were expected to receive. In addition, they have the option of filing a wage claim or a lawsuit against their employer.
6. What Should You Do If Your Boss Refuses To Pay For Overtime?
You have the option of submitting a wage claim to the Labor Commissioner's office.
You might also launch a lawsuit against your employer to recover any unpaid pay. You can also register a claim if you are no longer employed by a company.
It must, however, be filed within the three-year statute of limitations.
That said, consult with a Santa Clarita Employment Lawyer. Your attorney will be familiar with the law, the deadlines, and the paperwork needed for your employment claim.
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