Overtime LawsLitigation: It's What We Do.
Calabasas Overtime Attorneys
More Than 5 Decades of Experience Representing California Employees and Consumers
At Gaines & Gaines, our experienced Calabasas overtime attorneys have helped many people throughout California recover overtime wages. We have over 5 decades of professional experience advocating for employees and consumers, and we can help you build a case to obtain the overtime payment you are due. The overtime laws can be nuanced if you are an independent contractor or exempt employee, but our Calabasas overtime lawyers can better help you understand the law in this context and your rights as a worker.
Is Mandatory Overtime Legal in California?
California's overtime laws and the federal laws differ in certain areas. Under California law, mandatory overtime is not prohibited in most cases. Overtime pay is not a privilege – it’s a right under California and federal laws. The law provides when and how workers are entitled to overtime:
- 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 8 hours in one day
- Double the regular rate of pay when working more than 12 hours in one day
Hours worked in this context includes time spent working as well as:
- meal breaks (if the employee is allowed to work during the break);
- rest breaks (usually 10 minutes for every 4 hours worked);
- “on-call” periods unless the employee is free to participate in personal activities and has sufficient time to go to work when called on;
- job preparation time (if the prep is integral and indispensable to the job);
- any mandatory commuting on employer-provided transportation or if the employee must travel to a job site.
If you have any questions about California overtime laws, give us a call at (866) 400-4450 to speak with a Calabasas overtime lawyer.
Independent Contractors and Overtime
Note that independent contractors are not entitled to overtime. However, some companies might classify workers as independent contractors when they are actually employees to avoid having to pay overtime compensation. Fortunately, though, California law presumes that a worker is an employee, so the employer must provide specific proof that the worker is an independent contractor in order to forego the overtime requirement.
A Gaines & Gaines overtime lawyer can help you determine if you are being misclassified as an independent contractor and being denied overtime compensation as a result. If you need help receiving unpaid overtime from an employer, call our employment law firm today. A Calabasas overtime attorney at our firm is ready to help you get the compensation you worked hard for.
Exemptions to Overtime Compensation
Be aware that 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 2 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 California, Gaines & Gaines can help you determine whether your job exempts you from overtime or if you are entitled to receive overtime compensation. Our Calabasas firm is dedicated to advocating for employees and consumers, and we will make sure that our clients recover the overtime compensation they deserve through their unpaid overtime settlements. We can also help you better understand California’s overtime laws as an independent contractor, full-time employee, or exempt employee.