If you are over the age of 18 and work more than eight hours a day or 40 hours a week, you are entitled to overtime compensation in the state of California. You can work more than eight hours in one day or you can work six days in a row, provided you are paid overtime compensation equal to the following:
- One and a half times the regular rate of pay for any hours worked over 40 hours in a week
- One and a half times the regular rate of pay for any hours over eight hours in one day
- Double the regular rate of pay for all hours worked above 12 hours in one day
- Double the regular rate of pay for all hours in excess of eight hours, when working the seventh consecutive day in a work week
If you live in San Francisco or Sacramento and you think you are entitled to overtime compensation and are not receiving it, you should contact an overtime lawyer at Kingsley & Kingsley, who may be able to help you recover unpaid overtime compensation in a timely manner.
Exemptions to receiving overtime compensation and pay
There are some exemptions and exceptions to qualifying for overtime compensation. An exemption means that overtime laws do not apply to you, and an exception means that overtime compensation is paid on a basis that is different from the law.
Exemptions based on certain professions also apply to the law
Note that certain types of employees may not qualify for overtime pay. An exemption based on a profession applies to any administrative, executive, or professional employee who is paid more than $640 a week and has certain specified job duties.
Other kinds of professionals who are not qualified for overtime as employees include:
- Executives whose duties involve specific responsibilities:
- Responsible for management of the company
- Executives hiring, promoting, and terminating (firing) employees
- An executive that regularly directs the work of two or more employees
- Administrative employees who:
- Perform work along specialized or technical lines that require special knowledge, training, or expertise
- Perform office tasks (or non-manual work) that is directly related to the general business operations or management of the company
- Work in the administration of a school system or educational institution, in work directly related to training or instruction
- Under general supervision, regularly exercise discretion and judgment
- Directly and regularly assist an employee in an executive or administrative capacity
- Professionals who:
- Are licensed or certified in the state of California to practice a profession (for example, lawyer, doctor, architect, teacher, or accountant)
- Work in a field requiring advanced training
- Are paid a salary that is at least two times the monthly minimum
Speaking with an overtime attorney at Kingsley & Kingsley can help you determine whether you are entitled to overtime pay. It is important to discuss your situation with a qualified California lawyer if you are not sure whether your profession exempts you from the law.
Our Overtime Lawyers are Ready to Discuss your Claim
An overtime lawyer at Kingsley & Kingsley can help clients in Sacramento, San Francisco, or Los Angeles determine whether you have been misclassified as an independent contractor, and have not received overtime compensation to which you were entitled. Contact a qualified overtime attorney at Kingsley & Kingsley today.