If you work as a non-exempt worker in Los Angeles, you must get well-informed about California’s wage and hour laws. The knowledge can help safeguard your workplace rights and ensure that you do not get exploited by your employer by not receiving compensation for any overtime work. If you face any issues, it is advisable to search online for “overtime lawyer Los Angeles” and get legal counsel.
What is overtime pay?
As per California’s wage and hour laws, you must receive a minimum wage compensation for every hour you work during a workweek. It can be $14 or $15 per hour, depending on whether your employer has 25 or fewer employees or 26 and more employees. According to section 510 of the Labor Code, a standard workday in California is eight hours, and a regular workweek is 40 hours.
If you work more than eight hours a day, more than 40 hours per week, or up to eight hours on a seventh consecutive day in the workweek, you are doing overtime work. You can then receive overtime pay for the additional hours you have worked. There are also overtime work provisions in the federal Fair Labor Standards Act (FLSA).
How to determine if you are eligible for overtime pay?
You can determine if you are eligible for overtime pay by doing the following:
Understand the employment laws in California
Since the employment laws in California can be complicated, you will do well to search online for “overtime lawyer Los Angeles” to find a competent lawyer and get legal advice regarding your specific situation. Most people assume that only non-exempt workers receiving hourly wages are the ones to get overtime pay. However, exempt salaried employees in managerial or executive positions may also be entitled to it if they spend 50% or more of their time performing the same duties as those of the non-exempt people they supervise.
Labor Code 2802 entitles workers to overtime pay if they spend time outside that of their regular commute in travel to and from their workplace on work-related travel. So, you can get overtime for traveling during work, after work, or on the weekends to construction sites, stores, and offsite meeting places. The employer must compensate you for the travel expenses and the overtime whether you drive your vehicle, use public transport, or go by any other transport mode.
What overtime pay are you entitled to?
When you hire a lawyer after searching online for “overtime lawyer Los Angeles,” he or she can tell you more accurately about the overtime compensation you can expect. The general rate is one and a half times your regular pay for working over eight hours a day, 40 hours a week, or up to eight hours on a seventh consecutive day of the workweek. If you work 16 hours a day, 60 hours a week, or 12 hours on a seventh consecutive weekday, you are entitled to double-time pay that is twice your regular rate.
To know exactly how much overtime pay you are entitled to, you should do the following:
• Keep track of every hour that you work.
• Note if you work four hours or less over the legally stipulated eight hours of work per day. In which case, you should get overtime pay.
• Note if you work eight hours or less over the legally stipulated eight hours of work per day. In which case, you should get double-time pay.
How to calculate overtime pay?
Overtime pay is one and a half times your regular rate. So, if your usual wage is $15 per hour and you do four hours of overtime work per eight-hour workday, you earn:
• $15 x 8 hours of regular work = $120
• $15 x 1.5 of regular pay x 4 hours of overtime work = $90 in overtime pay
• So, the total amount you earn that day is $120 + $90 = $210
Double-time pay is twice that of your regular pay. So, you earn:
• $15 x 2 of regular pay x 4 double-time hours = $120 in double-time pay
• So, the total amount that you earn in that day is $120 regular pay + $90 overtime pay +$120 double-time pay = $330
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