Both the California Labor Law and the Federal Fair Labor Standards Act (FLSA) state that work performed in one workweek in excess of 40 hours is overtime. { For example, assume a nonexempt employee is regularly scheduled to work 37.5 hours per work week, and actually works 40 hours in a work week. This is to say that employers must pay most non-exempt employees “time and a half,” a.k.a overtime. },{ • Unionized workers follow the collective bargaining agreement (CBA). Who are the Victims of Workplace Sexual Harassment? The main rule is that non-exempt employees are eligible for overtime pay. This is rarely the case, so it is important for workers to know that it takes more than such an agreement to give up this very valuable and legally protected right. Damages add up quickly with back pay, injunctive relief, fees, and an amount equal to back pay for liquidated damages. If the regular hours = 40: pay time and a half for hours over 40. Weekly Overtime: When the employee works in excess of 40 hours per week. }] If your employer offers additional hours that you choose not to accept, your benefits may be affected. • Commissioned sales reps are exempt when they earn more than 1.5X California minimum wage. These employees should receive a minimum of 150% their regular pay rate for any hour worked in excess of 40 hours for that particular work week. • Approved compressed work schedules are an exception for overtime rules. } Confusion mounts when employees work extra hours. We get paid every other Friday,(bi-weekly)for the previous 2 weeks of work. These agreements can be either informal understandings or formal written offer letters or employment contracts that are signed by the parties. Unless you work for a … The Fair Labor Standards Act (FLSA) is responsible for establishing the 40-hour work week for employees. Labor Code §551-552 iterates the entitlement of employees to least one day’s rest every week. Yes. Labor Code §551-552 iterates the entitlement of employees to least one day’s rest every week. The following are a few scenarios in which employers improperly and unfairly attempt to have employees agree to work over 40 hours per week without receiving time and a half their regular rate of pay. The duties and salary determine the exemption, not job titles or descriptions. They specify 37 hours first so that they do not have to pay time and a half. }. Similarly if an employee is contracted to work 40 hours per week normal time, then any hours in excess of the 40 hours is overtime. The answer is yes, an employer can force employees to work mandatory overtime. Confusion mounts when employees work extra hours. "acceptedAnswer": { 10 percent of those working 50 to 60 hours report relationship problems; the rate increases to 30 percent for those working more than 60 hours. Even if the employee works less than 40 hours in the week, long days provide additional compensation. Not every employee qualifies for overtime. },{ "@context": "https://schema.org", "@type": "Answer", To protect your rights you must be aware of the strict time limits for bringing these types of claims – legally known as the statute of limitations. Once an employer has been caught violating the overtime labor laws and an agreement has been reached to repay the back overtime wages owed to workers, the settlement agreement needs to be reviewed and approved by either the DOL or a judge in order for it to be binding and release the claims against it. For example, if an employee is hired to work a 45-hour workweek for a weekly salary of $500, the regular rate is calculated as follows: $500/45 hours = $11.11. If … Additionally, under most circumstances the employer may discipline an employee, up to and including termination, if the employee refuses to work scheduled overtime. Then, one day goes long or a project requires additional weekend work. Overtime laws put employers under financial pressure to hire adequate staff. Your employer cannot require you to work more than 40 hours in a week, and then refuse to pay you time and a half for any time you worked over 40 hours (assuming you’re nonexempt). If the long day extends to more than 12 hours, the rate increases to double the employee’s regular hourly rate. • Many positions are exempt from the Fair Labor Standards Act (FLSA) • Mandated overtime employees get LEAP or AUO. Principal Office | Houston, Texas Source reference: Fair Work Act 2009 s.62 California employers must pay overtime to nonexempt employees for all hours worked over 8 hours per day, or 40 hours per week. If employees do work seven days consecutively, they receive overtime pay for that entire day. If an employee or employer wants to change the hours of work, both should … • Some individual situations pay overtime, while others get compensatory time off, and some get neither. The policy also states overtime pay accrues for 40 or more hours of approved overtime in a week. Part of the confusion has a foundation in the exceptions. "text": "Both the California Labor Law and the Federal Fair Labor Standards Act (FLSA) state that work performed in one workweek in excess of 40 hours is overtime. California. The Fair Labor Standards Act requires employers to pay time-and-a-half to any non-exempt employees who work more than 40 hours in a week. If the maximum number of hours (not including overtime) are less than 40, the employer and employee must try to fix the hours so they are worked on no more than five days of the week. "name": "When is Overtime More Than 8 Hours of Work in a Day? The general rule is that non-exempt employees (meaning employees that the law recognizes as being entitled to overtime pay) may not give up their legal right unless the agreement to do so has been reviewed and approved by either the Department of Labor or a judge. The following do not qualify: • Professional, administrative, and executive positions provide exemption from overtime if employees receive a monthly salary twice California’s minimum wage. All Rights Reserved. If you have any doubts as to your entitlement to overtime, contact the overtime pay experts at The Lore Law Firm for a FREE and CONFIDENTIAL review of your circumstances – because it’s your time and your money. "@type": "Answer", "mainEntity": [{ For example, if you worked a 40-hour week, you won't be able to get benefits if you work more than 32 hours. "text": "California labor statutes have few exceptions to the day of rest rule. Robinson does acknowledge that working overtime isn't always a bad idea. Live-in attendants and non-live-in attendants find their overtime entitlements vary. Exempt hourly wages begin at $45.41 ($94,603.25 annually) for full time employment for these highly skilled specialists. There are two steps to calculate overtime: 1. This regular hourly rate cannot be less than state’s minimum wage. Paying overtime is costly, so overtime laws encourage employers to divide up the workload among a reasonable number of workers. ", For covered, nonexempt employees, the Fair Labor Standards Act (FLSA) requires overtime pay (PDF) to be at least one and one-half times an employee's regular rate of pay after 40 hours of work in a workweek. • Personal attendant overtime falls under different rules than other caregivers. Domestic work does not include caring for persons in facilities, relatives, casual babysitters and others. Can hours of work be averaged? "@type": "FAQPage", Paying a Set “Salary”. The federal overtime provisions are contained in the Fair Labor Standards Act (FLSA). This tends to occur in several different scenarios, and leads workers to believe that there is nothing they can do about trying to recover their unpaid overtime. • Computer programmers and computer software industry employees are often exempt. • Caregivers and domestic workers include those providing care to children, the disabled, sick, or elderly persons, housekeepers, maids, and others. "acceptedAnswer": { "name": "When is Overtime More Than 40 Hours of Work in a Week? For adult employees, there is no legal limit to the number of hours that one can work per week, but the Fair Labor Standards Act dictates standards for 2  Classification of employees as exempt or … By January 2024, overtime will be due after 40 hours. Some exceptions apply under special circumstances to police and firefighters and to employees of hospitals and nursing homes. In a daily overtime state, he would be entitled to overtime pay for the four extra hours he worked on Monday, even though he didn't come close to working more than 40 hours in the week. Overtime pay must be at least 1.5 times the employee’s regular hourly rate for all hours worked over 40 hours in a week. Is it possible for the company to take any hours over the 40 from one of the two weeks that has overtime, and put it on the other week that is short of 40 hours and not pay overtime for that other week? Almost all workers enter into some type of “agreement” with their employer as to how they will be paid. • Outsides salespersons, customarily spending more than half their time away from the employer’s place of business, are exempt. If the long day extends to more than 12 hours, the rate increases to double the employee's regular hourly rate." Salary for Workweek Exceeding 40 Hours: An employee who is paid a fixed salary for a workweek longer than 40 hours is still entitled to overtime pay unless their position is exempt. The following class of employees are not entitled to overtime pay (partial list) Railroad workers (most) Truck drivers (most) Outside sales ", Even if the employee works less than 40 hours in the week, long days provide additional compensation. Federal pay policy states overtime is due when an employee works eight or more hours of approved overtime per day. Just because you have “agreed” to be paid in a manner that does not include time and a half for all hours worked over forty per week, does not mean that you have forfeited your rights to this extra pay – see “Can my employer make a ‘different deal’?” and “What if I agreed to work for a ‘flat salary’?”  It does, however, mean that you will need to take some type of action to claim and recoup the often significant amount of compensation you were denied, and do so in a timely manner.