Can I Be Denied Overtime Because I Am a Salaried Employee?
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Can I Be Denied Overtime Because I Am a Salaried Employee?

| Mar 16, 2021 | Uncategorized |

According to overtime law in California, the state has an employee-friendly stance that indicates when a worker must be paid for overtime. This helps employees and companies to handle wage disputes to ensure that workers are paid fairly.

When is overtime required?

Companies are required to pay all eligible workers in California additional pay for work done after the standard 8-hour workday or the standard 40-hour workweek due to the California Overtime Law of 2020. Every non-exempt employee who is qualified for overtime is paid “time and a half” the regular rate for all the hours worked after the 8-hour day or the 40-hour week. Double time is also offered for some employees; double time is twice the rate of the employee’s normal rate of pay.

What constitutes a workday?

Usually, a workday is 24 hours. The workday can start at any time throughout the night or day, but the workday should begin around the same time. For instance, if a worker starts the workday at 9 am, the second workday won’t start until 9 am the following day. Once an employer establishes a workday, the schedule can only be changed or adjusted if the adjustment is permanent and not a tactic to avoid rendering overtime pay.

Ruling in an employee’s favor

Employers are required to follow state and federal regulations as it pertains to overtime. The Fair Labor Standards Act (FLSA) clearly outlines these rules. If there are differences between California’s laws and federal laws concerning overtime pay, the employer must follow the regulation that provides the most benefit to the worker to avoid wage disputes.

Workers should speak with a qualified California lawyer to become familiar with overtime laws and file a suit to receive a settlement if necessary. Workers who are salaried could still be eligible for compensation if they are required to work outside their normal assigned hours.