Can you really be denied OVERTIME PAY?
Overtime exemptions have always been issues of extreme confusion for California employees and employers alike. For many years, rules required paying overtime wages in lieu of the overtime for working for more than 40 hours in a workweek. The state has eventually changed the law, eliminating daily overtime requirements. It is the calculation of rates that has perplexed the employers and the rules under which some people are entitled to overtime payment and others are not.
The California labor laws enforce the overtime payment regulations in the state. Any employee who believes that he has not received proper overtime wages is empowered to file a complaint with the Labor Commissioner’s office. Branches are located in several cities throughout California.
There are many overtime laws which are based on the field you are working in, but the most important is the number of hours worked more than 8 in one day is paid at one and a half times. Hours worked more than 40 in a workweek are also paid at one and a half times.
Executive Exemption
Executives are the people who receive at least two times the minimum wage as a salary for full-time employment. This is known as the minimum salary level test.The foremost work in the job is the management of the enterprise, or of a recognized department. This person engages in work other than managerial duties for less than 50% of work time.
Learned Professional Exemption
Professionals are the people who have the primary duty of performing work which requires specialized knowledge in a professional field, or learning acquired by a rigorous course of specialized instructions. Most of the time, only certified occupations are exempted under the state law. These include law, medicine, dentistry, engineering and accounting. Medicine includes physicians and doctors but not nurses. Pharmacists are no longer regarded as exempt. Attorneys are exempt, but paralegals are not.
Administrative Exemption
Administrative are the people who have the primary duty of performing non-manual or intellectual work which is directly related to the management or business operations of the employer.
Administrative field persons exercise discretion in the performance of work which is intellectual or non-manual work directly related to management policies or the business operations of the employer.
United Employees Law Group helps you in determining the exempted people in the employee category and who are not entitled to overtime wages. You will get proper advice from our attorneys and will be able to resist unnecessary claims from your employees.
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