How many of you work late into the night? Do you get compensated for the extra hours? These are some of the employment issues that arise in various organizations. However, today you can get legal representation from experienced employment attorneys such as UELG. But first, it is important to understand what exemption from the overtime laws mean. For better understanding, one should get acquainted with the following terms:

1. Overtime

Overtime is the extra working hours beyond the normal working hours. The normal working hours depend on various factors, for instance:

• Agreement between the employer and the employee on the working hours
• The profession or trade e.g. Doctors, Engineers, Nurses, Drivers, Teachers, Lawyers, among others.
• Legislation; the labor or employment laws

2. Labor laws

Labor laws are present in every state or country. It is essential as it helps prevent disputes among workers and employers. An employer may decide to force his or her employees to work extra hours without compensating them. Alternatively, the law considers other factors such as health of the employees. This ensures productivity as it preserves the health of workers.

Exemption from overtime laws

With all that said, the concept of overtime can now be explained. First, if you work for longer hours, your employer should pay you. However, not all employees get compensated. When you get paid for the extra time, you are Non-exempt employee otherwise you are exempt employee. In other words, you are exempted from overtime pay. For more information, read through the following topics:

Affected employees

The labor law affects the executive, administrative, and professional employees. They further include the following;

• Employees in the computer software field: If they are paid on hourly basis and they meet the requirements stated in the orders, they are exempted from the overtime laws.
• Drivers: if you are a driver plus your working time is regulated by the U.S Department of Transportation Code of Federal Regulations, then you are exempted. Nevertheless, those drivers whose hours are regulated by the Title 13 of the California Code of Regulations are exempted as well. In addition, Taxi cab drivers do not enjoy the privileges of non-exempt employees.
• Airline employees: Only those workers who work over 40 but not more than 60 hours during the work weeks due to changes not required by their employer but only at the request of the employee.
• Announcers, News Editor or Chief Engineer working in a radio station with a population less than 25,000 people.

Other employees affected include:

• Baby sitters especially under 18 years of age babysitting a minor in the employer’s house.
• Those employees covered by a collective bargaining agreement.
• Irrigators,
• Sheepherders
• Professional actors

Bottom line

There are legal institutions that deal majorly with employment issues. You can visit the United Employment Law Group for any assistance.

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As per the California Law, in case of ” non exempt employees”, the employer has certain responsibilities like paying for overtime and meal expenses. In case of ” exempt” employees, there are no such rules. In order to claim exemption, it is up to the employer to prove that the employee is exempt. Here are some of the most common exemptions under the California Law:

1. Managerial Exemption: In order to claim Managerial Exemption, the employee must meet the following points:i) The employee must have managerial responsibilities in one of the department or sub division of the enterprises.
   ii) The employee must be in charge of supervision of at least two employees.
   iii) Employee has the authority to hire a person or fire a person.
   iv) Employee frequently takes important decisions while performing his or her duties.
   v) The monthly salary of the employee should be at least 2 times more than the minimum wage of the state.

   2. Administrative Exemption:

   In order to claim this exemption, the employee must meet the following requirements:

   i) Employee spends majority of the time in work which is related to the normal business operations.
   ii) Employee always works under the supervision of a manager.
   iii) The monthly salary of the employee should be at least 2 times more than the minimum wage of the state.

   Computer Professional Exemption:

   In order to qualify for this exemption, the following guidelines has to be met:

   i). The employee must spend majority of the time in any one of the following works:
   a) Interacting with the users in order to improve the existing hardware and software systems.
   b) Involved in the design, development and testing of the various computer programs.
   ii) The employee must be extremely skilled and well aware about the different computer systems and their application.
   iii) The hourly wage of the employee must be above the minimum limit.

   4. Inside sales employee: In order to claim exemption under this head, the following guidelines must be met:

   i) The wage of the employee must be more than 1.5 times the minimum wage limit of California.
   ii) Majority of the compensation of the employee must be in the form of commissions.

2. Outside sales employee: In this case, these are the following guidelines which must be met:i) Must be at least 18 years of age.
   ii) The employee must spend majority of the time working in locations outside the place of the business.
   iii) Must be involved in selling only tangible items.

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Whenever an employee signs a contract with his or her employer, the contract should explicitly state the hours a person is expected to work within a day and per week. The agreement also indicates what happens when one works overtime and the terms of overtime pay. Among the states in the United States, California is known to have strong overtime pay laws that protect employees.

In legal matters regarding employment, a minimum wage is a term used to refer to the minimum amount or remuneration worked out per hour that an employee is expected to receive. In California, the minimum wage a worker is supposed to receive as compensation for the work done set at $9 per hour. The hourly payment is for employees who work 8 hours a day translating to forty hours in a week.

California’s laws regarding time and overtime pay are very clear as the employees here receive overtime pay for working more than 8 hours a day. The overtime laws in California protect workers in double time pay for non-exempt employees. These are the workers who work in excess of twelve hours in a day.

All workers in California who are working overtime receive an overtime pay of one and a half times the hourly rate they are earning. The set rate means an overtime pay per hour is a minimum of around thirteen dollars. Within California, this also applies to 8 hours in a single working day, whereas the federal law dictates the overtime pay to be after forty hours a week.

An employee is said to be working off the clock when one works outside their working schedule and goes without being paid for those hours. In most states, this is a violation of wage and hour laws, and in California, it’s not allowed.

The California law on time is very strict, and the Seventh-day rule is very clear in that you can’t work for seven consecutive days. You must get paid one and half times the entire seventh day and then double after 8 hours.

As an employee, in case you feel that you’re not adequately compensated for the hours worked, you should always get in touch with an attorney who should assist you so as to get the correct pay. It’s illegal in California for an employer to fail to pay the right wages to the employee. Most employees don’t understand their rights when it comes to overtime pay, and an attorney will help you.

If you, or someone you know, are facing legal issues in the workplace United Employees Law Group has the answers. Call Today for your free and confidential case review. Please feel free to CONTACT US with any questions about this blog or your exact situation.

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California is one of the most protective states when it comes to the rights of an employee, including to be paid on time. The California laws on paydays and paychecks cover the information your employer must give with your paycheck, when you must be paid when you must get your final paycheck if you’re fired or quit the job, and what that final paycheck should include.

Unfortunately, in this imperfect world, some employers may break these fundamental laws and nobody likes dealing with issues at work. That is why you are likely to require a California employment attorney at some point and when it is time to make that phone call, we at UNITED EMPLOYEES LAW GROUP strive to make it as painless as possible.

California Payday Laws

Generally, employees in California have a right to be paid at least twice every month. The compensation earned from 1st to 15th of the month must be paid no later than the 26th day of the same month. On the other hand, the compensation earned from 16th of the month through the end of the month must be paid no later than the 10th day of the next month.

If an employer pays workers every week, every two weeks, or twice per month based on a different earning schedules, it may act under the California payday laws by paying workers for work performed within 7 days after the pay period has elapsed. For instance, an employer who pays his or her employees every 2 weeks is following the law as long as it pays the employees within a week after every two-week payroll period closes.

Employers must designate paydays which meet the requirements above and notify their employees of the date, time, and place they’ll be paid.

The laws give some exceptions for certain kinds of employees. For instance, administrative, executive, and professional staff (as defined by the overtime laws of California’s) may be paid only once a month, as long as they’re paid by 26th of the month and the paychecks includes their total salary for the month. Workers who work for a particular farm labor contractor must be paid each week.

Payroll Records Request

California workers are also entitled to scrutinize their payroll records within three weeks of a request to an employer. Moreover, you may request a copy of your payroll records, though your employer may charge you for affordable copying costs. In case your employer fails to provide you access to your records, you may be owed a penalty of $750 from your employer.

Rules for Final Paychecks

If you’re laid off, fired, or otherwise unwillingly separated from your job, you’re entitled to your final paycheck immediately (that’s, at the time of your layoff or firing). Your employer may not wait until the following scheduled payday or even the next calendar day to pay you what you’re owed. Your final paycheck must include all of your PTO or accrued, unused vacation time.

If you resign from your job and give your employer a notice of less than 72 hours, your employer must pay you within three days. If you provide your employer notice of at least 72 hours, you must be paid immediately on your final day of work. Like employees who’re laid off or fired, your final paycheck must include all of your PTO or accrued, unused vacation time.

To discourage the employers from delaying employees’ final paychecks, California allows any employee to obtain a “waiting time penalty” in the amount of his or her average wage for every day which the check is late, up to a maximum of thirty days.

The tenacity and experience of our employment attorneys can mean all the difference when it comes to the outcome of your California Labor Law Case. While several employment attorneys focus mainly on harassment or discrimination, our team knows all the ins and outs of the meal and break periods, overtime claims, and some other payroll related claims too.
We cover them all for a very good reason: many employers willing to break a single law are often willing to break another. Therefore, our California employment attorneys will examine your case from ALL angles in an effort to assist you to collect everything you’re owed.

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