In California, overtime pay is not a privilege, it is a right under both federal and California state law. The law specifies the overtime compensation workers are entitled to:
- Hours worked over 40 hours in a week, 1.5 times the regular rate of pay
- More than eight hours in one day, 1.5 times the regular rate of pay
- Working more than 12 hours in one day, 2 times (double) the regular rate of pay
Do you believe you have been unfairly denied overtime pay? If so, speak with an attorney at Kingsley and Kingsley Employment Lawyers that specializes in overtime pay for workers. More than likely, they'll be able to help you recover the wages you earned. At the very least, they'll provide you with a free consultation so that you'll have the information you need to determine what your best option is.
Overtime and Independent Contractors
Independent contractors are not entitled to overtime. However, to avoid paying overtime compensation, some companies incorrectly classify employees as independent contractors although they may actually be employees under the law. Fortunately, because California law presumes that a worker is an employee, the employer must provide specific proof that the worker is an independent contractor.
A Kingsley & Kingsley overtime lawyer can help you determine if your employer has misclassified you as an independent contractor in order to avoid paying you overtime compensation.
Overtime Compensation and Exemptions
Certain types of employees may not qualify for overtime pay. The most common example is the white-collar exemption, which means that any administrative, executive, or professional employee who is paid more than $640 a week in salary may not be eligible for overtime.
Other types of professionals who are disqualified for overtime include the following:
- Executives who spend more than 50 percent of their time managing two or more employees and who have the authority to hire and fire and to influence promotions
- Administrative employees who perform office or non-manual work directly related to the management or general business operations of the company and who regularly exercise discretion and judgment under general supervision
- Professionals whose work requires education and advanced knowledge–and, often, a license or certification issued by the state
- Employees who work with high-tech equipment or computers
- Certain sales employees
Unfortunately, there are numerous factors that determine whether or not a person is eligible to receive overtime compensation, many of which are very confusing. An overtime attorney can help you determine whether your job exempts you from overtime or you are entitled to receive overtime compensation.
If you believe that you are entitled to overtime and have not received it, or if you believe that your employer has denied you overtime, contact Kingsley & Kingsley to take advantage of their free consultation. You'll get to ask any questions that you'd like and receive answers from an experienced overtime attorney. The consultation is 100% free and there is no obligation to retain their services.