California Overtime Lawyer: Just Because You Get Paid A Salary Doesn't Mean You Can't Get Overtime

One of the most common urban legends in California wage and hour law is the belief that people who are paid a salary are not entitled to overtime

. Fact is, many California employees who are paid a salary are also entitled to overtime pay. You are entitled to overtime pay under California law unless you meet all of the requirements for one of the Exemptions.

Under California wage and hour laws, overtime is defined as any hours worked over 8 hours in a day or 40 hours in a week. There is an exception if your company has instituted a bona fide alternate work week where you normally work 10 hour days, 4 days a week. In this case the overtime is after 10 hours rather than 8, but still after 40 hours in the week. This alternate work week has to meet certain requirements and it can not be done on a person by person basis.

Unless you fall under an Exemption, California law requires that all hours worked over 8 in a day or 40 in a week or worked on the 7th consecutive day of a work week be paid at 1 and times an employee's regular rate of pay. In addition, hours worked over 12 in a day or hours over 8 worked on the 7th consecutive day in a week are paid at 2 times the employee's regular rate of pay.

In reality, these additional requirements are difficult to meet. Many employees do not meet all of the requirements to qualify for the Exemptions.

There are some jobs which are classified as "Exempt" from California's overtime laws. However, these Exemptions are narrowly construed against the employer. Under California law, the employer bears the burden to prove that the Exemption applies.

The following are jobs which may be Exempt from California's overtime laws:

Commissioned sales employees of retail or service companies if more than half of the employee's wages are derived from commissions and the employee averages at least one and one-half times the minimum wage for each hour the employee worked.

Computer programmers who are compensated at least $37.94 for each hour worked (this represents the 2009 minimum hourly requirement - this changes every year). They must perform work that is intellectual or creative and requires the exercise of discretion and independent judgment.

Executive, administrative, professional, or outside sales employees. However, these have strict rules also.

Union employees who are covered by a collective bargaining agreement that provides for premium wage rates for all overtime hours worked by union employees.

The bottom line is many California employees mis-classify their employees. Many employers pay employees salaries even when the employee is entitled to overtime pay. Under California law you can go back 3 to 4 years in order to receive unpaid overtime monies. These unpaid wages can really add up. You may be entitled to tens of thousands in unpaid overtime. Be sure to contact a California overtime lawyer if you suspect you did not receive overtime when you should have.

Disclaimer:

This article is not legal advice. I am simplistic in order to achieve clarity. You are advised to contact a California overtime lawyer if you have concerns about whether you should have been paid overtime. As in all court cases, always tell the truth.

by: William Turley

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