| California Overtime Law is designated to protect | | | | recover overtime pay, unpaid sales commissions, |
| employees. The judicial courts construe overtime | | | | in-tip pooling, if you have been unsuitably classified |
| laws to give employees the maximum protection. | | | | as an independent contract and in other Overtime |
| If you can spare 90 seconds to read this short | | | | Law violations of California labor laws. These and |
| article you will understand some of the key dos | | | | other Overtime Law regulations exist to help |
| and don’ts of collecting your overtime pay. | | | | assure you receive the pay you have properly |
| Secret 1: The Burden Lies with the Employer | | | | earned. California labor law can help ensure you |
| Under California Overtime Law | | | | receive withheld wages and other allowances due |
| Under the California Overtime Law, employees | | | | you. |
| are supposed to be entitled to overtime pay. | | | | Employers face major penalties if they retaliate |
| California Labor Law Overtime declares that the | | | | against employees who pursue salaries, overtime |
| employer—not the employee—has | | | | pay and of course other benefits. Employers |
| the burden of proof to show that it suitably paid | | | | can’t fire, harass or even demote |
| the employee. With California Labor Law | | | | employees due to the fact they seek their fair |
| Overtime, an employee’s right to overtime | | | | wage. To protect employees, California Overtime |
| pay doesn’t depend on whether an | | | | Law provides for damages, injunctive relief |
| employee is salaried. In short, many salaried | | | | ordering the employer to avoid prohibited conduct |
| employees are actually entitled to overtime pay. | | | | and monitoring behavior of the employer, interest, |
| Of a matter of fact, neither job titles nor | | | | attorneys’ fees and costs. |
| responsibilities govern whether one is entitled to | | | | Secret 3: Employees labeled Exempt Under |
| overtime pay. As part of California Overtime | | | | California Overtime Law may not be exempt at all |
| regulations, overtime looks to what employees do | | | | and may be entitled to overtime pay. |
| over half their work time. While employers at | | | | Under California Labor Law Overtime, many |
| times give employees insincere job titles for the | | | | disputes stem from the misuse of the employee |
| purpose of evading overtime pay, this certainly | | | | classifications of “exempt” and |
| doesn’t affect California Overtime rights of | | | | “non-exempt”. This classification |
| employees. | | | | includes managers and outside salespersons as |
| Overtime Law regulations state that an employer | | | | well. With California Overtime, mangers that spend |
| must pay overtime pay unless it can prove an | | | | over ½ of the time doing the same work |
| employee is “exempt” from the | | | | as employees are sometimes classified as |
| overtime requirements. | | | | exempt, when actually they should be |
| If you believe you may be entitled to back | | | | non-exempt. It doesn’t matter if the |
| overtime it is best to seek advice from an | | | | employee is salaried. That particular |
| California Overtime Pay Attorney. | | | | “manager” can actually recover for |
| Secret 2: Employees can recover not just | | | | overtime pay earned but not paid. |
| overtime under California Overtime Pay Laws. | | | | If you feel that you may be non-exempt and |
| Attorneys experienced in California Labor Law | | | | entitled to overtime, be sure to contact an |
| Overtime can usually help in a wage dispute to | | | | Overtime law attorney. |