Overtime Pay Laws in
California 
California Labor
Laws Overtime Pay Article
Who Gets Overtime
Pay?
Overtime pay is additional
compensation for working over 40 hours a week, and in
California, over 8 hours in a day. Whether someone should
receive overtime pay depends on the work that they do, but
these general rules apply to all employees:
The overtime laws are
designed to protect employees, and the courts construe them
to give employees the maximum protection. Employees are
presumed to be entitled to overtime pay, and, under
California and federal law, the employer, not the employee,
has the burden of proof to show that it properly paid the
employee.
An employee's right to overtime pay does not depend on
whether an employee is salaried. Many salaried employees are
entitled to overtime pay.
Work activities, not job titles and responsibilities, govern
whether you are entitled to overtime pay. In California, the
law looks to what employees do over half their work time.
While employers sometimes give employees untrue job titles
for the purpose of avoiding overtime pay, this does not
affect employees' overtime rights.
An employer must pay
overtime pay unless it can prove that an employee is
"exempt" from the overtime requirements. "Exempt" employees
do not get overtime pay. The exemptions are briefly listed
as follows. Click on any exemption to see to a more detailed
description:
The
Executive Exemption
This exemption
applies to employees who spend over half their work time
managing businesses or departments of a business;
The
Administrative
Exemption
This exemption
applies to employees who spend over half their work time
assisting the proprietor or other exempt individual in
"servicing" a business in matters of
significance;
The
Professional Exemption
This exemption
applies to employees who have certain licenses to practice a
profession or who work in a "learned or artistic"
profession;
The
Computer Software Professional
Exemption
This exemption
applies to employees who work in highly theoretical aspects
of computer software and make over $41.00 an
hour;
The
Outside Salesperson
Exemption
This exemption
applies to employees who usually work away from the
workplace making sales and filling orders. However, the
employee cannot spend significant time doing the same work
as other non-exempt employees.
California Labor
Lawyers Harris & Kaufman Can Help
Harris & Kaufman is a
California law firm that's dedicated to representing
employees in disputes against their employers to do with
overtime pay in California. Our
California
labor lawyers also
represent employees and workers in wage disputes,
overtime
pay laws,
vacation
pay, unlawful
termination, rest and meal period cases, sexual harassment,
workplace discrimination, and cases regarding tips and tip
pooling. Our lawyers can assist you if you believe that your
employer has broken the California Labor Laws.
Our employment attorneys are experienced and have had
numerous trials, arbitrations, and appeals and have
litigated on behalf of thousands of employees.
Harris & Kaufman has represented workers in state and
federal court and in administrative proceedings before the
California Labor Commissioner. Determined and aggressive,
our cases include individual disputes and
class
action lawsuits.
We can assist you with a wide variety of workplace disputes
to do with the California pay laws. We are aggressive and
experienced lawyers and can help enforce your rights under
California state law or state regulations. Based in Sherman
Oaks, California we serve greater Los Angeles, Orange
County, Ventura County and have cases statewide.
To
email William E. Harris about a claim you may have
Click
Here
Overtime Pay Page Summary: California Labor
Lawyers Harris & Kaufman law firm can assist you with
the California Labor Laws to do with overtime pay laws in
the State of California. Find Ca labor attorneys
specializing in the California labor laws regarding overtime
pay employee rights & laws.
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