| California Overtime Law is designated to | | | | Attorneys experienced in California Labor Law |
| protect employees. The judicial courts | | | | Overtime can usually help in a wage dispute |
| construe overtime laws to give employees the | | | | to recover overtime pay, unpaid sales |
| maximum protection. If you can spare 90 | | | | commissions, in-tip pooling, if you have been |
| seconds to read this short article you will | | | | unsuitably classified as an independent |
| understand some of the key dos and | | | | contract and in other Overtime Law violations |
| don’ts of collecting your overtime pay. | | | | of California labor laws. These and other |
| | | | Overtime Law regulations exist to help assure |
| Secret 1: The Burden Lies with the Employer | | | | you receive the pay you have properly earned. |
| Under California Overtime Law | | | | California labor law can help ensure you |
| | | | receive withheld wages and other allowances |
| Under the California Overtime Law, employees | | | | due you. |
| are supposed to be entitled to overtime pay. | | | | |
| California Labor Law Overtime declares that | | | | Employers face major penalties if they |
| the employer—not the employee—has | | | | retaliate against employees who pursue |
| the burden of proof to show that it suitably | | | | salaries, overtime pay and of course other |
| paid the employee. With California Labor Law | | | | benefits. Employers can’t fire, harass |
| Overtime, an employee’s right to | | | | or even demote employees due to the fact they |
| overtime pay doesn’t depend on whether | | | | seek their fair wage. To protect employees, |
| an employee is salaried. In short, many | | | | California Overtime Law provides for damages, |
| salaried employees are actually entitled to | | | | injunctive relief ordering the employer to |
| overtime pay. | | | | avoid prohibited conduct and monitoring |
| | | | behavior of the employer, interest, |
| Of a matter of fact, neither job titles nor | | | | attorneys’ fees and costs. |
| responsibilities govern whether one is | | | | |
| entitled to overtime pay. As part of | | | | Secret 3: Employees labeled Exempt Under |
| California Overtime regulations, overtime | | | | California Overtime Law may not be exempt at |
| looks to what employees do over half their | | | | all and may be entitled to overtime pay. |
| work time. While employers at times give | | | | |
| employees insincere job titles for the | | | | Under California Labor Law Overtime, many |
| purpose of evading overtime pay, this | | | | disputes stem from the misuse of the employee |
| certainly doesn’t affect California | | | | classifications of “exempt” and |
| Overtime rights of employees. | | | | “non-exempt”. This classification |
| | | | includes managers and outside salespersons as |
| Overtime Law regulations state that an | | | | well. With California Overtime, mangers that |
| employer must pay overtime pay unless it can | | | | spend over ½ of the time doing the |
| prove an employee is “exempt” | | | | same work as employees are sometimes |
| from the overtime requirements. | | | | classified as exempt, when actually they |
| | | | should be non-exempt. It doesn’t matter |
| If you believe you may be entitled to back | | | | if the employee is salaried. That particular |
| overtime it is best to seek advice from an | | | | “manager” can actually recover |
| California Overtime Pay Attorney. | | | | for overtime pay earned but not paid. |
| | | | |
| Secret 2: Employees can recover not just | | | | If you feel that you may be non-exempt and |
| overtime under California Overtime Pay Laws. | | | | entitled to overtime, be sure to contact an |
| | | | Overtime law attorney. |