Exempt or Non-Exempt? That Is The Question.
Why You May Not Getting Paid For Overtime
Federal labor laws and California labor laws have differences when it comes to overtime. Federal labor laws are regulated by the Fair Labor Standards Act, which only mandates that after an employee has worked forty hours in one workweek that they have to be paid an overtime wage of 1.5 of their regular rate. On the other hand, California labor laws are stricter. They require overtime to be paid when more than eight hours have been worked in one day in addition to when more than 40 hours has been worked in a week.
There are Two Exemptions to California Overtime Laws:
Employees who are exempt employees
Employees on an alternative work week schedule
Who Is An Exempt Employee?
Individuals are classified exempt employees when they are paid a fixed rate salary. This means that they do not qualify for overtime regardless of the number of hours that they work. However, some employers will try to get over on their employees. Therefore, it is important for employees to verify how they are classified. If you are unsure how you are classified, contact a California labor law attorney or review the California Department of Industrial Relations site. Your job duties are what is important and not your job title.
What are Alternative Work Week Schedules?
The term alternative workweek schedule refers to when employees have a schedule that allows them to not receive overtime from employers when they work more than eight hours a day. Alternative workweek schedules allow employees to work more than eight hours per day and their overtime only kicks in when they work more than 40 hours in a week. Alternative workweek schedules have to be voted into existence by the employees with two thirds of them being in favor for this type of schedule.
Keep in mind just because you are on an alternative workweek schedule you have not given up all of your rights. The only thing you lose is the right to be paid 1.5 of your regular rate when you work more than eight hours in one day yet you still are eligible to receive overtime when you work more than 40 hours in a week. Additionally, you should still get your normal lunch breaks, including a second lunch break if you work more than twelve hours in a day.
Conclusion
We understand labor laws can be confusing. However, all you have to do is contact a United Employees Law Group In Los Angeles, we can advise you on your next steps if your employer is violating labor laws.
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