Being paid a salary does not automatically make an employee exempt from overtime. California overtime rights depend on the employee’s classification, duties, compensation, industry, and other legal requirements.
California Overtime Basics
For many nonexempt employees, California overtime rules require time-and-one-half for work over eight hours in a workday or 40 hours in a workweek, with additional rules for long workdays and certain seventh-day work.
Salary Does Not Automatically Mean Exempt
An employer cannot avoid overtime simply by calling someone “salaried.” Exempt status generally requires satisfaction of specific salary and duties tests or another recognized exemption.
Unauthorized Overtime
An employer may enforce workplace rules requiring authorization before overtime is worked, but employees generally must still be paid for compensable overtime the employer knew or should have known was worked. Discipline for violating a policy is a separate issue from payment.
Keep Track of Your Hours
Preserve schedules, time records, emails, texts, log-in data, calendars, paystubs, and other evidence showing when you worked.
Potential Remedies
Unpaid overtime claims can involve unpaid wages and, depending on the facts, other statutory remedies. The applicable limitations periods and calculation rules can be complex.
North Law Can Help
If you believe you were