08 August 2012- Fort Worth, TX- (Kazor.com) -
The national overtime standard set by the FLSA is 1.5 times the regular rate of pay for any hours worked over a 40 hour workweek for all non-exempt employees. California labor laws for overtime get even more specific. California also pays a daily overtime rate of 1.5 times the regular rate of pay for any hours worked over an 8 hour workday. When work exceeds 12 hours in one day, all non-exempt employees are to be paid twice the standard rate. Furthermore, if an employee works 7 consecutive days, they must be paid 1.5 times the usual rate for the first 8 hours, and double time for any hours over 8. This is known as the 7th consecutive day law” and it applies regardless of how many hours an employee has worked in the preceding 6 days. The FLSA time-and-a-half overtime requirement for hours worked over 40 hours also applies in California.
Nationally, in order for an employee to be exempt from overtime pay, they must typically be a salaried worker, and must pass several tests regarding job description and duties performed at work as defined by the FLSA. However, California labor laws for overtime has slews of narrowly defined exemptions, which has been causing employers to become confused and, as a result, are misclassifying their employees. For example, you can be eligible for overtime in California if you a labeled a “part time” employee, or you supervise other people.
There has been a steady climb of wage and hour class action lawsuits against employers who are misclassifying their workers as exempt in recent years, and not just in California. An example of a class action of this nature can be seen in a current case entitled Willix et al v. HealthFirst, Inc.et al. This is a good example of how a simple misclassification can lead to millions and millions of dollars in fines, penalties, and overtime reimbursement at the hands of the offending employer.
california overtime laws for overtime are notorious for being a minefield for the uniformed. This is why it is not recommended that you try to figure out everything for yourself. If you think you are a victim of any wage and hour law violation in the state of California, or any other state, contacting an overtime lawyer is the smartest way to go.
Finally, California is also unique in that it is one of the few states that have record keeping requirements, or pay stub requirements. According to California Labor Code Section 226(a), every time you are paid, whether by check, in cash, or otherwise, you must be given a detachable part of the check or a separate writing showing required information.
California Overtime Law requires that employers pay overtime, whether authorized or not, at the rate of one and one-half times the employee’s regular rate of pay for all hours worked in excess of eight up to an including 12 hours in any workday, and for the first eight hours of work on the seventh consecutive day of work in a workweek, and double the employee’s regular rate of pay for all hours worked in excess of 12 in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek.
In California, the general overtime provisions are that a nonexempt employee 18 years of age or older, or any minor employee 16 or 17 years of age who is not required by law to attend school and is not otherwise prohibited by law from engaging in the subject work, shall not be employed more than eight hours in any workday or more than 40 hours in any workweek unless he or she receives one and one-half times his or her regular rate of pay for all hours worked over eight hours in any workday and over 40 hours in the workweek. Eight hours of labor constitutes a day’s work, and employment beyond eight hours in any workday or more than six days in any workweek is permissible provided the employee is compensated for the overtime at not less than.
California labor laws for overtime are designed to protect you, the employee. If you feel your employer is in violation of federal and/or mandatory overtime for nurses, contact an overtime lawyer today.
Company: Overtime Pay and Overtime Laws