In California Overtime Pay Law: Legal Advice to Protect Your Right

California required overtime law to ensure the worker has the highest level of labour rights. Through which an employer provides the payment of appropriate salaries to the employees. If an employer is unable to pay employees a fair wage for working overtime, employees may take action against the employer following the labor attorney advice. Under the California Overtime Act, an employee must work 12 hours or more than eight hours on the seventh day in a row in order to be paid double for overtime work and the eligible employee must be over 18 years old. However, this article will discuss an employee right in overtime working. 

About details Overtime Pay Law:

According to the Overtime Pay FAQ, employers in any organization should pay the employee to work all hours because state labour laws make it clear that any employee is entitled to pay for all the time their employer controls. However, to work overtime in California, employees have to acquire a specific qualification. While qualified employees work more than eight hours a day and 40 hours a week, then there is a provision to pay an employee 1.5 times their basic salary. Contrary to federal law, when a qualified worker works more than 12 hours or more than 8 hours on the seventh day in a row, they have to pay double the basic salary. But under California overtime pay law, a person must be over the age of 18 for overtime pay and must be employed in a non-administrative, non-executive, and non-professional position, to be eligible for overtime pay. On the other hand, if a person over the age of 16 is allowed to work legally at their educational institution, they may also be included in overtime pay. 

What are a workday and a workweek?

Workday is 24 long hours of work; the start of the day can be any time. But subsequent workday should start at the same time, as this the employer to set different working days for the various shift. Another advantage of the workday is that it does not require any employees to coincide with the start of the change on a working day. If a workday is seven hours and 24 hours in a row, it is called a workweek according to the California workday policy. This type of workweek is roughly 168 hours, which as should start at the same time each week. As long as there is a repetition of a particular day, this workweek can begin at any time of the day. However, the employer makes changes to the starting point of workweek week to avoid overtime payment. 

Those overtime payments are not included:

Different types of employees are required for different types of work in an organization, but it involves hiring deferent employees for management or control who are paid a lot. So they are exempt from paying for overtime.

Administrative employees: An administrative employee earns more than double the minimum wage, which amount equates to $720 a week. This work does not involve manual labour; this work is done with minimal supervision but requires specialized training. 

Professional employees: A professional employee earns more than double the minimum wage, which amount equates to $720 a week. This type of employee is basically a person whose job is medicine, law, architecture, engineer, teacher, and accounting. However, the manual labour of the employee engaged in this work not involved, only work and decision making are done through supervision. 

Executives: An executive employee more than double the minimum wage, which amount equates to $720 a week. Basically, such an employee is responsible for managing an entire department or organization. All of these positions employ more than two employees and are fully responsible for the smooth running of the organization.

Leave a Reply

Your email address will not be published. Required fields are marked *