Overtime LawsLitigation: It's What We Do.
Calabasas Overtime Attorneys
More Than 5 Decades of Experience Representing California Employees and Consumers
At Gaines & Gaines, APLC, 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 Overtime After 8 Hours or 40 Hours in CA?
Any hours worked over 8 hours in a single day or over 40 hours a week must also be compensated as overtime at one and a half times the employee’s regular rate of pay.
It is important for employees to keep track of how many hours they are working each week so that they can ensure they are being paid accurately and on time.
California State law requires employers to pay overtime when it is due, and failure to do so could result in legal action against the employer.
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.
How Much Notice Is Required For Mandatory Overtime?
There is no specific amount of notice required for mandatory OT in California. If the employee refuses to work the mandatory or scheduled overtime, then the employer may discipline the employee, which includes termination. However, there are limitations when it comes to how much overtime an employer can require.
If the employee is scheduled to work on the 7th day of a workweek and is caused to forego a day of rest, then the employer will face a penalty. However, if an employee is aware they are entitled to a rest day and they choose to work mandatory overtime, then they may do so. There may also be limitations based on the industry that you are in -- the limitations for a professional, technical occupation are different than for those working in the agricultural industry, preserving industry, or construction.
Have questions about mandatory overtime in California? Reach out to Gaines & Gaines, APLC at (866) 400-4450 – we're happy to help.
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, APLC 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
Talk To A Skilled Overtime Lawyer in Calabasas Today
If you live in California, Gaines & Gaines, APLC 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.
Reach out to the overtime lawyers at Gaines & Gaines, APLC for legal support today. Schedule an initial consultation online or by calling (866) 400-4450 to get started with an unpaid overtime lawsuit.