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Do You Have a Right to Seek Overtime Pay in California?
Category: Stories

California's overtime law covers the rights of many employees working in the state, including salaried ones Work Injury Attorney. The types of workers who do not have the right to overtime wages include outside salespersons, exempt employees, and workers in occupations with special overtime policies Workers Compensation Attorney. Others include unionized employees who agreed to a collective bargaining agreement. Explained below are each of these exemptions:

 

Outside Salespersons

 

An outside salesperson is someone who is at least 18 years of age selling items, contracts, the use of facilities or services. Outside salespersons spend more than half of their work hours away from their employer's business premises. Once you meet this criterion, you fall under the exempt employee category as far as the overtime law is concerned.

 

Exempt Employees

 

You can only qualify as an exempt employee if you meet various requirements set by the California laws. Exempt employees earn a fixed salary (instead of an hourly wage) that is twice the minimum wage. Since they work in "white collar" settings, their duties allow them to be discreet at work without close supervision. Categories of employment for exempt salaried employees include professional employees, administrative employees, and executive employees.

 

Job-Specific Exemptions

 

California's Industrial Welfare Commission enacted a series of regulations known as wage orders to exercise several exemptions to Labor Code 510. The wage orders allow special overtime rules to govern occupations such as camp counselors and personal attendants. Other occupations covered by the orders include managers for elderly homes, live-in household employees, ambulance attendants/drivers, and agriculturalists orangecountyworkerscompensation. The wage orders equally cover various 24-hour residential childcare providers and the spouse, parents, and children of an employer.

 

Exempt Unionized Employees

 

Labor Code 510 exempts unionized employees, who meet various requirements from recovering overtime pay. Your collective bargaining agreement must cover your wages, working conditions, and hours of work for you to qualify as an exempt unionized worker. The agreement must also cover premium wage rates for overtime hours you worked and a regular hourly pay rate that is 30 percent more than the minimum wage. California's overtime law will protect you if any of the agreement does not meet any of these requirements.

 

Nonresidents

 

As a worker, you do not need to be a California resident to benefit from the protection of the overtime laws. You will still receive the protection even if you do not have legal work privileges (green card status) or residence in the country. It is unclear whether out-of-state employees briefly working within the state for less than a working day can seek overtime pay.

 

Requirements for Overtime Wages in California

 

The amount of overtime wages you (an employee) earn depends on the days you worked in one workweek and the length of each shift Orange County Workers Compensation Attorney. California's overtime law requires employers to use a "time and a half" and "double time" overtime rates. "Time and a half" refers to one and a half times a worker's regular pay rate. "Double time," on the other hand, means twice a worker's regular pay rate. You may recover your overtime wages on the "time and a half" overtime rate for working over 8 hours a day. Your employer could use this overtime rate if you worked over 40 non-overtime hours during your workweek and on the 7th consecutive day of your workweek. The "double time" rate applies to employees working more than 12 hours every workweek. It also applies to those working over 8 hours on the 7th consecutive day in their working week.

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