Your Right to Overtime

California and Federal law requires the payment of overtime to most workers. If you are a worker entitled to overtime, California law requires that you be paid:

One and one half times your regular rate of pay for each hour worked over 40 hours in a work week;

One and one half times your regular rate of pay for each hour worked over 8 hours in any single work day;

Double your regular rate of pay for each hour worked over 12 hours in any single work day.

If you are entitled to, and work overtime, and your employer fails to compensate you at these rates, your employer is subject to civil liability and possibly penalties. Our experienced attorneys have helped many employees recover thousands of dollars in unpaid overtime. Call us for a free consultation.

Independent Contractors

If you are an independent contractor, you are not entitled to overtime. California and Federal laws strictly limit who can be considered an independent contractor for wage purposes. Some employers misclassify employees as independent contractors in an attempt to avoid paying overtime and other benefits. Doing so can subject the employer to civil liability. We have handled multiple cases where employees have been unfairly treated as independent contractors.

Exempt Employees

Your employment in California is subject to Wage Orders published by the California Industrial Welfare Commission. Most wage orders provide that certain employees are exempt from the payment of overtime, and possibly other benefits, if they fall into narrowly defined exceptions:

Executives who spend more than half of their time supervising two or more employees and are engaged in the management of a company;

Administrative employees who primarily perform non-manual work related to the business operations of the employer and who regularly exercise discretion and independent judgment as to how they perform their job functions;

Professional employees required to possess a level of education and advanced knowledge and in some cases, are required to obtain a license from the State to perform their work;

Certain employees who work in the high-tech or computer industries;

Some inside and outside sales employees paid on a commission basis.

If you have been improperly denied overtime pay or other benefits, you may be entitled to back pay as well as penalties for failure to be paid properly. Contact us for a free evaluation of your specific circumstances.