Understanding the labor laws in California is essential for employees to protect their legal rights as workers. Since the overtime laws in the state are liable to change, you may need to update your knowledge regularly. That way, you can ensure that your employer is not shortchanging you on your entitled overtime pay, either deliberately or because the employer is ignorant of the overtime law. If there is an overtime violation, you can speak to your employer and stop it immediately. If your employer is recalcitrant, you may need to search online for “overtime lawyer Los Angeles” to get professional legal counsel.
What is overtime?
As per section 510 of the Labor Code, the legal work hours in California are eight hours a day or 40 hours a week. Any work you do above these normally scheduled hours is overtime work. The law states that your employer has to compensate you with special overtime pay for the additional hours you put in. The amount you are qualified to receive can depend on the number of hours you have worked. The federal Fair Labor Standards Act (FLSA) also has provisions to protect employees who work overtime.
How do you know if you are entitled to receive overtime pay?
The laws regarding overtime pay are complicated and you should get legal advice regarding your situation from the lawyer you find by searching online for “overtime lawyer Los Angeles.”
The general assumption is that you are only entitled to overtime pay if you are a non-exempt worker who receives hourly wages. Exempt employees are not entitled to overtime pay if they receive a salary that is twice that of the current minimum wage, spend half of their work hours performing managerial or executive tasks, and are in the position to make independent work decisions. However, if executives or managers spend 50% or more of their work hours performing tasks that are similar to those done by the non-exempt workers under their supervision, they may be eligible for receiving overtime pay.
As per Labor Code 2802, you may also be entitled to overtime pay if you spend travel time to and from your workplace, outside of your regular commute, on work-related travel. This covers during work travel, after work travel, and weekend travel to various construction sites, stores, and offsite meetings. Whether you use your vehicle, public transport, or any other transport for this travel, the employer has to compensate you for it and the overtime.
What overtime pay are you entitled to?
If you are a non-exempt worker, depending on the overtime hours you work, your employer is legally required to pay you either one and a half times or double your usual wage. The lawyer you find by searching online for “overtime lawyer Los Angeles” may be able to guide you regarding the exact monetary compensation for your specific situation.
However, you should keep track of your exact work hours. If you work four hours or less over the eight stipulated work hours, you should receive one and one-half times more than your usual wage. If you work for a seventh consecutive day of the week, you should also receive one and one-half times more than the regular pay rate.
For example, if you earn $15 hourly and you work four hours overtime after an eight-hour workday, you receive:
$15 x 8 regular hours = $120
$15 x 1.5 x 4 overtime hours = $90
$120 + $90 = $210 in total on that day
If you work four hours more than 12 hours, you have worked a double shift and you are entitled to receive an overtime payment that is double that of your regular pay rate.
For example, if you earn $15 hourly and you work for 16 hours a day, you receive:
$15 x 8 regular hours = $120
$15 x 1.5 x 4 overtime hours = $90
$15 x 2 x 4 double-time hours = $120
$120 + $90 + $120 = $330 in total on that day
The double-time pay also applies if you have worked for more than eight hours on a seventh consecutive day of the workweek.
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