In California, overtime compensation or pay is not a privilege. It is a right, under both federal and California law in certain situations. The law specifies the overtime compensation workers are entitled to:
- For any hours worked over 40 hours in a week, 1.5 times the regular rate of pay
- For any hours over eight hours in one day, 1.5 times the regular rate of pay
- When working more than 12 hours in one day, 2 times (double) the regular rate of pay
Our experienced Encino overtime attorneys at the law firm of Kingsley & Kingsley have helped many people in Los Angeles, San Francisco, Sacramento, and San Diego recover overtime wages. Do you believe you have been unfairly denied overtime pay? If so, speak with an attorney in our office that specializes in overtime pay for workers. More than likely, we'll be able to help you recover the wages you earned.
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.
An experienced Kingsley & Kingsley overtime lawyer can help you determine if your employer has misclassified you as an independent contractor 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
If you live in Los Angeles, San Francisco, Sacramento or San Diego, an overtime attorney can help you determine whether your job exempts you from overtime or you are entitled to receive overtime compensation.
Contact us about your overtime compensation claim
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 based on an exemption or misclassification, contact Kingsley & Kingsley and speak to an experienced Encino overtime lawyer.