Overtime Employment Law

Overtime Violations Law:

Generally an employee is entitled to receiving overtime compensation if they work more than 8 hours a day or more than 40 hours a week. You are entitled to receive overtime payment, even if the overtime work you completed was not authorized by a supervisor. In most states and in California, the overtime rate is generally one and one half times the employee's regular pay. Overtime must be paid in wages and cannot be compensated by time off and/or goods. You are entitled to receiving overtime if:

  • You are asked by your employer to arrive early to work and begin working on minor things.
  • You are asked by your employer to work throughout your lunch break.
  • Your employer has knowledge and gave permission for you to take work home.
  • You are "on call" and ready to report to work when you are at home.
  • You work overtime on a Friday and are told that you can leave work early within the next week.
  • While on company business, you need to stay overnight or do travel extensively.

Overtime Legal Issues:

Employers sometimes illegally claim that salaried employees, those with a management title or those with administrative duties are not entitled to overtime pay. This is a way for them to avoid paying overtime, but it is illegal. Be mindful that in California, your title and method of compensation may have nothing to do with your right to receive overtime pay. You can be a manager or be a salaried employee and continue to be entitled to overtime. Your overtime eligibility is determined by how your employer classifies you. If you are a "non-exempt" employee, you are entitled to overtime pay, whereas if you are an "exempt" employee, you are not. There are more Overtime Exemptions.

What an Employment Lawyer can do for you:

If you are being paid a salary or you are told you are exempt from overtime, you are protected under California laws and may be entitled to up to 4 years of overtime pay. Employment lawyers can review your overtime pay and determine if overtime laws entitle you to recover fair compensation.

Lawyer Referral Service:

If you have been wrongfully and illegally denied overtime pay by your employer, contact us today. Attorney Search Network can help you find an employment lawyer that can assist you with recovering the compensation you are entitled to.

If you have any questions about the employment law information provided above, please contact us. Call us toll free at (800) 215-1190 or fill out our online form for your Employment Law lawyer referral.

If you have any questions about the information provided above, please contact Attorney Search Network.