Are there any Exceptions to California's Overtime laws?
In California, most employees who are 18 years old or 16 and 17 years old who have legal authority to leave school to work, including certain salaried employees, are entitled to overtime compensation. So, in order to answer this issue more precisely, analyse who in Los Angeles is not qualified for overtime compensation.
The following personnel do not have an entitlement to enhanced overtime pay:
- Unionized employees
- Outside salesperson
- Workers in specific occupations
- Exempt employees
What are Overtime Compensation Laws?
Employees who labour during their “spare time” are entitled to overtime compensation. It’s also a mechanism to ensure that businesses don’t compel employees to work excessive hours and don’t hire new employees who may be due benefits even if they’re paid the same.
Overtime is governed under California Labor Code 510. A day’s work is defined under the legislation as eight hours of effort. It goes on to say :
Any additional work done in excess of eight hours in a single workday, 40 hours in a single workweek, and on the seventh day of work, the first eight hours that an employee worked in any one workweek, the employee is entitled to reimbursement from the employer at a rate of one and a half times the regular rate of pay.
Any additional work done in a single workday that exceeds 12 hours is entitled to reimbursement by the employer at twice the standard rate of his or her salary.
The employee is entitled to be paid by the employer at twice the ordinary rate of pay for any additional work done on any seventh day exceeding eight or more hours of a workweek.
Can you Overtime for On-Call Work?
On-call employees may be eligible for overtime pay. You won't normally be able to receive overtime when you can indulge in personal activities while on-call. Your on-call hours may be subject to overtime if you are unable to engage in personal activities and must be able to go to work on short notice.
Consider the following factors when assessing if your on-call employment constitutes overtime:
- Whether or not the employer requires you to live on-site,
- Whether or not the employee can engage in personal activities.
- How often the employee is called into work while on-call
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Employees are protected by federal and state legislation. Employees who believe they have been subjected to workplace sexual harassment or discrimination may consult an employment lawsuit attorney. A lawyer can assess the situation and explain the employee’s choices. In the interim, workers should maintain precise records of any workplace harassment they encounter.
California law guarantees food and rest periods. Employees who believe they are not getting the breaks they are entitled to can see an employment dispute attorney. A lawyer may assess the matter and advise the employee on his or her choices, which may include suing. A potential claimant should read the company’s employment regulations and maintain precise records of their hours worked and breaks taken.
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