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 eight hours in one day
- Double the regular rate of pay when working more than 12 hours in one day
At the California law firm of Gaines & Gaines, our experienced attorneys have helped many people throughout California recoverovertime wages. If you believe you have been unfairly denied overtime pay, speak with an overtime attorney in our office who may be able to help you.
Independent contractors and overtime
Independent contractors are not entitled to overtime. However, some companies classify employees as independent contractors when they are actually employees to avoid having to pay overtime compensation. 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 Gaines & Gaines lawyer can help you determine if you are being misclassified as an independent contractor and being denied overtime compensation as a result.
Exemptions to overtime compensation
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 California, Gaines & Gaines can help you determine whether your job exempts you from overtime or if you are entitled to receive overtime compensation.
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