California Employment Law – OvertimeIn California, most employees are subject to both the Federal Fair Labor Standards Act (FLSA) and the California Labor Code.
The FLSA generally applies to employees, who in any work week engaged in interstate “commerce or in the production of goods for commerce, or employed in an enterprise engaged in commerce or in the production of goods for commerce.” An “enterprise” means a business that 1) has employees engaged in commerce or in the production of goods for commerce, or has employees handling, selling or otherwise working on goods or materials that have been moved in or produced for commerce; and 2) is an enterprise whose annual gross volume of sales made or business done is at least $500,000, or, irrespective of gross sales or business volume, is 1) an enterprise which is primarily engaged in the care of the sick, the aged or the mentally ill who reside in institutions; or 2) is a school for mentally or physically or gifted children or a preschool, elementary or secondary school.
In general, the distinction between FLSA and California law, is that under FLSA, overtime is required to be paid after 40 hours of work, whereas California generally requires overtime after 8 hours per day. The industry specific Wage Orders should be consulted to determine the applicable wage order for the particular type of industry, to determine the exact requirements for the payment of overtime.
Generally, under both Federal and California law, certain exceptions may apply. These exceptions are generally for employees employed in executive, managerial, administrative, professional positions or as outside salespersons. These are known as “white collar” exemptions. Exempt employees are required to be paid a salary, which is generally not based upon the quantity or quality of their work. Additionally, California law requires that the salary be at least two times the minimum wage, for the employee to be exempt from the payment of overtime.
To determine if an employee is exempt, usually requires a fact-specific inquiry. The most frequently disputed exemption issue is whether or not an employee is a “supervisor.” Employers frequently give employees titles of “supervisor” or “manager,” then pay them a salary, only later to find out that the employee was not truly exempt from overtime pay, due to the nature of their duties or the number of persons they supervised.
You should contact our office for an appointment to have us evaluate your exact job position to determine whether you may be entitled to unpaid overtime pay. Telephone (530) 891-8503

For a complete evaluation of your labor and employment law issues, we encourage you to contact our office for a free consultation. (530) 891-8503 ,

2017-12-13T21:46:47+00:00 June 13th, 2013|Wage and Hour|