Are you working more than 8 hours a day, or more than 40 hours a week, without overtime pay? It may be that your employer has wrongfully classified you as an exempt “Salary” employee. A salaried employee must be paid overtime unless they meet the test for exempt status as defined by federal and state laws, or unless they are specifically exempted from overtime by the provisions of the California Labor Code or one of the Industrial Welfare Commission Wage Orders regulating wages, hours and working conditions.
If your employer has wrongfully classified you as a “Salary” employee, you may have a case for unpaid wages.
Overtime Pay
In California, the general overtime provisions are that a nonexempt employee 18 years of age or older, shall not be employed more than eight hours in any workday or more than 40 hours in any workweek unless he or she receives one and one-half times his or her regular rate of pay for all hours worked over eight hours in any workday and over 40 hours in the workweek (or double time as specified below). Eight hours of labor constitutes a day’s work, and employment beyond eight hours in any workday or more than six days in any workweek requires the employee to be compensated for the overtime at not less than:
- One and one-half times the employee’s regular rate of pay for all hours worked in excess of eight hours up to and including 12 hours in any workday, and for the first eight hours worked on the seventh consecutive day of work in a workweek; and
- Double the employee’s regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek.
There are, however, a number of exemptions from the overtime law. An “exemption” means that the overtime law does not apply to a particular classification of employees. There are also a number of exceptions to the general overtime law stated above. An “exception” means that overtime is paid to a certain classification of employees on a basis that differs from that stated above. In other words, an exception is a special rule.
Why Would An Employer Classify Me As a “Salary” Employee?
Misclassifying an employee for the sake of not paying them overtime wages is illegal and unethical. Wage and hour laws have strict guidelines for employers on how they classify employees and how overtime hours and pay should be calculated.
Sometimes, employers intentionally misclassify employees as “Salary” to avoid having to pay overtime pay or meal and rest breaks. If you are classified as salaried, you may not question working overtime without getting additional compensation. In reality, you may still qualify for overtime pay even if you are on salary.
If I Work Unauthorized Overtime, Does My Employer Still Have to Pay For It?
Yes. California law requires that employers pay overtime, whether authorized or not, at the rate of one and one-half times the employee’s regular rate of pay for all hours worked in excess of eight up to and including 12 hours in any workday, and for the first eight hours of work on the seventh consecutive day of work in a workweek, and double the employee’s regular rate of pay for all hours worked in excess of 12 in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek.
What Can I Do If I’m Not Getting Paid Overtime?
If you believe that you are being misclassified and are owed overtime wages that you weren’t paid, you should contact and speak to an employment law attorney. In California, eligible workers who are misclassified or denied overtime pay have rights and remedies. That means you could be entitled to the difference between the amount you were paid and the amount you should have been paid had your employer not wrongfully classified you as “Salary.” In some cases, you may also be entitled to additional compensation, including attorney’s fees and costs. Additionally, if you no longer work for this employer, you can make a claim for the waiting time penalty pursuant to Labor Code Section 203.
PROTECT YOUR RIGHTS
To learn more about these laws and to get help protecting your rights, call North Law Firm for a free consultation.