The FLSA protects workers to ensure they get the proper overtime pay. Thus, it?s vital to be conversant with your rights on wage and hour laws concerning overtime and minimum wages. Not every employee is entitled to overtime. So, if you think you have an overtime case, it?s better to liaise with an experienced employment lawyer who understands whether your job requires overtime payments.
What determines whether you are to receive overtime may be influenced by:
- Your specific job duties. Where an employee meets the stated minimum pay, but still their duties involved manual tasks or repetitive work; they may be still considered non- exempt
- The amount to the salary you receive.
Employees Eligible For Overtime
According to overtime laws, not every employee is entitled to overtime. There is an? exception,? and only a certain classified group of an employee can receive overtime.
*Nonexempt employees: Any employee who worked more than 40 hours a workweek is entitled to overtime pay. This means that for every additional hours beyond the normal 8 hours in a day, employees should get compensated.
?Some employees may not fit into an exception, and situations may allow them to receive overtime. In such situations, employee classification becomes a little complicated. If you have issues with?unpaid overtime in California?and unsure how to go about your case, you can speak to an experienced employment lawyer for legal guidance.
If an employee doesn?t meet the test for exemptions, they are considered non-exempt. Where exempt employees are classified as non-exempt, they automatically gain the ability to be paid overtime. If you?re a non-exempt employee how has been misclassified as exempt, you lose your overtime rights. However, some employees are exempt but may meet certain tests that may require them to be paid overtime.
- ?Overtime For agricultural workers:??Just like other employees, agricultural workers get overtime. Any overtime must be one and a half times what such an employee earns.?Besides, such workers are also entitled to receive time and a half pay for the first 8 hours worked on the 7th consecutive day of work and double-time pay for all the hours worked over 8 hours on the 7th consecutive workday. Such is paid regardless of your employer?s size.?
Suppose you are an agricultural worker who has earned overtime which has not yet been reflected in your wages. In that case, an employment lawyer can help you with information about the overtime payment schedule for agricultural workers.
- Salaried employees: Employees who work as administrators, executives, or any other professional who are paid a salary and spend most of their work hours making independent judgments are not paid overtime. A salaried employee must earn at least $684 per week. Overtime issues in such cases will depend on whether an employee docks and employers pay, such as when they leave the work early to make sales. In such a case, one may not be paid on a salary basis and may be entitled to overtime. However, if such an employee leaves off work early may be to attend to a medical issue; this does mean their exempt status will be affected; they remain salaried employees and hence no overtime.
State laws keep on changing; it better to get it right with an employment lawyer and understand?California employment law?on whether to handle your case as an employee classified as exempt or non-exempt.
Generally, an employer who makes more than$500,000 has to pay employees overtime. Employers who deal with interstate commerce are covered under the FLSA and should provide overtime to their employees. Such business may involve sending out emails or doing phone calls to other states. Meaning, no matter how small a company may seem, they may be obligated to pay for overtime, not unless an employee has an exemption.
Overtime To Young Workers
A minor who is around 16 or 17 years old is not required to attend school can be engaged in work. However, such workers should not exceed 8 hours in a workday or exceed 40 hours in a workweek unless the employer offers one and one-half times of their regular rate as compensation for all the hours over 8 hours 40 hours in a workweek.
In California, whether an employee works unauthorized overtime, the employer must pay them for time and one-half of their regular rate of pay for the hours’ such employee work above 8 hours an including twelve hours in a workday. The rate is doubled for an employee who works in excess of 12 hours in the workday for any hours excess of 8 hours following a 7th consecutive workday.
?However, it’s worth noting that an employer has a right to discipline any workers who violate overtime policy, including working overtime without any authorization.
?If you have an overtime case, it’s advisable to retain an employment lawyer who understands overtime laws.
