CA Overtime Law Explained by an Employment Lawyer
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- Опубліковано 11 чер 2024
- This video describes California's overtime laws for non-lawyers. This video details what constitutes a violation and who much people may be owed. It covers misclassification, off-the-clock work, meal breaks, exempt vs non-exempt, damages, and penalties. It will help you decide whether or not to seek legal advice.
For more information about overtime and its legal requirements, go to: brobertsonlaw.com/practice-ar....
Branigan Robertson is an employment lawyer in Southern California. His firm exclusively represents employees in lawsuits against employers. Visit his website at: brobertsonlaw.com.
Other ways to find Branigan:
Twitter: / braniganlaw
Facebook: / caemploymentlawyer
#Overtime #Wages&Hours #CaliforniaLaw
I would love to see a video on being misclassified as an independent contractor when you were really an employee!
That one is on my list. I've got a lot I want to make so thank you for the comment!
I work at an Amusement park. We do get lunch breaks. We are allowed to stay an extra 15-20 minutes after our scheduled shift. Sometimes I clock out at 12:27. Per company Policy, overtime doesn’t happen until 12:30.
currently In the middle of a crazy situation 😂👀
Travel time & overtime is an area i find hard to find info on. Our job uses a company vehicle to travel to work sites. Some times we have 8 hr. shifts with 5 hrs of drive time.
Would you be able to do a video on how 12 hr shifts and when it’s time and a half and double time. Does pay change for people working night shift and only get those 12 hours as regular pay? Thank you!
Update
Thanks for the info I have few questions
1. I drive a fuel tanker and work between 11 to 12 hours a day 3.00pm to 3am and our weekend rotate we have 2 n 3 days off and company starts their week from Sunday since our weekend rotates we loose lots of overtime and also if the next month falls during the week we loose our overtime as well any advice would be appreciated thanks in advance.
How is overtime calculated if I have two pay rates? One for labor and one for driving. Also, if I’m away for 5 twenty four days. Is there pay for when I’m not working?
I got this situation hopefully you can help. I work Monday to Friday and this is my work week I have a question for:
M- took a sick day( I get paid sick days)
Tu- 8hrs 2 OT hrs
Wed- 8 hrs 2 OT hrs
Th- 8 hrs
Fr- 8hrs
Sat- 4 OT hrs
So it should be 32 reg hrs, 8 sick and 8 OT hrs right?
I got paid 36 reg, 8 sick and 4 OT
Any week we have a holiday and work OT . OT is paid as regular. It’s that right too?
Hello I have a different scenario,. I work four 10 hour days and usually come in for a 5th day for another 10 hours. Are 2 of those hours double time ? What would be the case on 6th or 7th day assuming 10 hours were worked. Thank you in advanced.
What if I work a 16-hour shift from 6:00 p.m. to 10:00 a.m. on a Thursday going into Friday but Thursday is the end of that pay period do I get the full 16 hours or do they split the rest of the time for the next pay period?
I would love to see a video on when and how to pay Travel Time
My work week starts wens and ends wens sat and sun off do I still get weekly overtime?
What if you work overtime 1 day but u missed a day so employer says you can't write overtime pay that day instead you have to write it as a regular hour the day you missed ?
Hi I’ve been working for my company for almost 3 years now and my overtime was always after 10 hours now he changes that to after 8 but now after I hit 40 it’s not all overtime unless I work more than 8 hour’s it’s very confusing not shure if that’s legal
I am on salary base job and my employer never mentioned hours when I signed the agreement. I moved from hourly to salary but they are scruing me by saying I have to work 10 hours shift with same 40 hours showing in the pay checks. It would be much appreciated for any help here. Thank you
i say just find another job and quit. but make sure the new employer understands work life balance.
I worked a job last year that told me overtime was mandatory. I heard that's not true. Also this company refused to give me a W-4 forum to fill out when I asked. The company refused to give proper breaks. They also refused to give pay stubs. After I quit due to the stuff going on. This company is refusing to pay me my last 2 checks. And they owe me a lot of money. They try to use scare tactics. Contacted the state but that's taking a long time. Hoping to find a lawyer to help with my case. I never seen a job so corrupted in my life.
I have a question. I work 12 hrs on Saturday and Sunday and then also work over 48 hrs a week. Am I entitled to get paid OT pay for my 12 hrs shift and the over 40 hours on the same work week? 9:09
I was improperly classified as exempt and after 9 months, they corrected it, and I have the email of them admitting this. I was required to carry my phone at all times and on weekends, had to respond to calls and emails. Do they owe me and all other supervisors all the overtime? We have since been getting OT and we are now non-exempt
In California, if you are salaried but you don’t work 1 day out of the week due to a national holiday, do you get paid the normal salaries amount?
It’s Saturday always ot no matter the amount of hours during the regular week?
Can u make one on on-site maintenance worker who is on call over time laws of any
3. if we don't get lunch breaks, are you saying they should add more time to our paycheck to compensate for not taking breaks?
Again, thanks for the comment. While I can't comment on your specific situation, in CA there are penalties if an employer forces their non-exempt employees to skip their lunch breaks. Again, if you need more info, call a employment lawyer for a confidential consultation.
If a non-exempt employee works any hours on Saturday or Sunday... would that be considered as overtime? Say for example I worked 39 hrs from Monday to Friday and on Sat I worked 3 hrs...so that 3 hrs worked on Sat..would that be considered as overtime?
What if an employer cuts 1 hour if we work 12 hours or more of work?
Have you done outside sales people I work outside providing services instead of selling and would go before and after to the office
Can you make a video on PTO laws??
My boss won’t pay for the full overtime only partial. Ex. I worked to 11:40 and my shift ended at 10. But he changed it to I clocked out at 11. I work 2 to 10 regularly. But instead of getting a full hour of overtime I only get 30 mins
What if an employee works over 8hrs one day but only 5 hrs the next day. Are those extra hrs from the first day still considered overtime?
I work Monday day off is Tuesday then work Wednesday Thursday Friday and Saturday.the question is they want us to come Sunday for 3 hours.do they need to pay me for 8hrs ????
If a person was to work 10 hour shifts, five days in a week. Would the fifth day be all overtime??
What does blended overtime mean?
If I work 12 hour days, do I get overtime for 8-12 and every hour after 40 even if some of the 40 were overtime due to long hours?
i believe its 1.5 after 40 and 2x after 8 > .> so any after 40 is 1.5 unless its part of a normal shift that your over 8
Can you pay multiple hourly wages in a work day depending on a specific task?
That sounds extremely fishy.... If you're unhappy at the job, I would call an employment lawyer to do some investigation.
I have a question. I work 12 hrs on Saturday and Sunday and then also work over 48 hrs a week. Am I entitled to get paid OT pay for my 12 hrs shift and the over 40 hours on the same work week?
Yes. Make 3 columns on a piece of paper. But 40 hours under column 1 for normal rate. Put all hours worked after 8-12 hours in column 2(1.5 times). And all hours worked over 12 in column 3(double time). Then multiply and add accordingly.
I'm a little confused on the 8 hours a day / 40 hours a week rule. I see law states "Any work in excess of eight hours in one workday AND any work in excess of 40 hours in any one workweek". So, last year I worked a job that was 10 hours a day, 4 days a week. Was I supposed to receive overtime pay even though I did not exceed 40 hours in a week?
Excellent question. In California, the answer is that it depends. Certain wage orders permit "alternative workweeks." If properly implemented, employees can work 4 days a week at 10 hours per day without accruing overtime. But obviously, more information would need to be gathered to assess your specific situation. Every person's legal situation is different and you need to consult with a lawyer for legal advice.
Thank you
Hi boss how about if im salary but on my pay stub says im only working 27 hours but in realty im working 6days 50 plus hours a week? And they put milage check on the same pay stub but is not tax? How do i kno if im exempt or non exempt
He has a video on non exempt vs exempt. Salary workers not only have to have specific job duties. They also have to make a certain amount( I believe its double minimum wage). There's always a set threshold of payment in order to be considered salary)
Can an employer force time cuts on regularly scheduled work days to avoid paying overtime?
That wouldn’t make sense......
Can i ask a question here. I could use some help or a guide.
Today I’m working from 6pm to 6am and then it continues another shift from 6am to 6pm so they have me working a 24hr shift. Is that double time after 10hrs? So I should be paid 14hrs double time?
Great question. Are you in CA? They cannot split one big shift into two fictions shifts in an attempt to pay you less than the law demands. I would talk to HR.
Isn't it illegal to work two separate shifts without a rest period of 8 hrs in between them?
@@braniganrobertsonlawI was told by HR that if my shift goes past midnight it becomes a new day and a new shift and they do not have to pay OT.
They have to to
Hire more staffs than doing mandatory overtime than risking health, mental health and fun, and family quality.
And what is the rule for nurses who work 12hr shifts? After the first 8hr are you paid time and half for the last 4 hrs?
Nurses usually have an "alternative workweek" schedule that is set up by their union or is voted on by all the staff. I would also check the wage order that applies to nurses. I believe that is wage order #5.
I work for a company that pays 28 dollars an hour and I work nothing less than 60 hours a week. I’m getting burnt out! Is this legal by California law? When I ask my driver manager questions about this, he ducks and dodges.
Will this California law still work if you are in the Union
The double time rate does not apply if you work in a union. Go to: brobertsonlaw.com/practice-areas/wage-hour/overtime/
The thing is with my company is they pay you the half hour lunch but if you work overtime they take it from the lunch pay. Is that legal or no?
I'm not quite sure what you mean. Sounds fishy. If that has happened to you and others a lot, you should call a CA lawyer that does wage & hour to investigate. If you are in SoCal my office handles this type of thing.
Branigan Robertson for example. I work 8am to 4pm 5 days a week and they pay for the 30 minute lunch period. If you work am overtime, they decide that they take the 30 minutes of pay away and apply it to the overtime. Pretty much means you work for free until the 2.5 (assuming 30 minutes x5 days) hours of lunch time is covered then they pay the time and a half. I'll definitely have to contact you and see if I can explain it better.
I work 10 days STRAIGHT 4 off. My company does not pay overtime because it divides 5 days on one week and 5 days on the next week. Is this Legal?
-divided between 2 pay periods
this is not very clear if you can help me please you say 8 hours a you get overtime?
1.what I'm being told it's eight hours if you work a five-day week it's 10 hours if you work a four-day week then you can overtime? is that true or is it 8 hours no matter what ? either way it's 40 hours but I wanted to when does overtime kick in?
2. so say I get overtime after 10 hours I am hearing if you work more than 12 hours it gos to double time is that true? or does it continue just time and a half?
Hi Rob, thanks for the comment. While I can't comment on your specific situation on a forum like UA-cam (legal stuff), there are such things as "alternative workweeks" in CA where some people don't get OT for a 4 day-10hr/day work week. But it depends on the industry, wage order, and whether or not the employer has complied with certain requirements. If you want to know for sure, call an employment lawyer for a consultation.
Branigan Robertson I understand thank you maybe you can help me if this is true or false not pretending to nobody/ if you work more than 12 hours in a day does it go to double time? in California
I worked 12 days out of 2 weeks for 3 months & never got paid overtime. I also done more work then I was being paid for. I was hired for one thing ended up doing something totally different.
You should demand your pay which is rightfully yours and if they refuse, take them to court.
I work for this shitty security company and I do 12 and 16 hour days with no time and a half 4,5 sometimes 6 days a week and idk what do....any advice?
if an hour employee is put on modified light work due to coming off of workers comp, are they allowed accept overtime when it's offered while still doing light work. seems unfair to the rest of the team this person can get paid extra for doing a third if what everyone else does
i work 4, 10 hr shifts , 40 hrs a week . should i be getting paid over time cause its over 8 hrs a day? also i do medical transportion i dont have a set lunch break , i take someone too their appointment then i have to wait on call, never knowing how long i have , or if i have enough time to grab a bit to eat. alot of days i dont get too eat.
I have the same question as well! At my previous "site" I worked at after the 8 hours OT kicked in however the shifts were split into 4 hours shifts. That 4 hours usually turned into a 5 hr shift and the option to pick up a shift another 4 hour shift in the same day would come up as well.
Made a huge difference on next year's tax returns lol next job will Slack off can't not do something this California law is nice
hello everyone , someone help me here , I'm living in Ca and working as merchandiser as third party to stores like Best buy - Walmart etc Due to busiest time of year and Christmas they had a lots of job that need to be finish on certain days and they didn't have enough people for project that needs to be done with 2 or 3 man so I've Done those alone for example its was 2 hours project with 3 man and I've done that one alone because no one showed up in 4/5 hours I thought they appreciate me because of these kind of project I've done alone and I did my best but what happened ? they blamed me because of Over time and they didn't pay me anything for OT and they sent me A letter that I have to work better next time ... keep in mind I've done 3 man job solo is this case worth to work you think , I'm so disappointed I did my best I've worked 10 Hours 5 days in a row to finish the job for the Company and they Blamed me for that I really don't understand , During last 2 months of before new year I've worked 36 Hours extra and they not gonna pay me penni well lets say its okay They not even thanked me for my hard work
As far as 40 hours a week would it be Mon - Fri or what?
Blacc Franknitti no 40 hours in 7 days doesnt matter what days. I work sat and sun and it counts as if i was to work on mon-fri.
@@nightynine4061 It actually does matter what days; specifically, whether or not the days are within a single "work week" (e.g. Mon-Fri, Sun-Sat, etc.).
I have a question so before the new overtime paid law for salaried employees, my salary was 800dls a week x 48hrs of work so my paid rate was 16.66dls x hr right? So now with the new law my paid check shows that I'm making 15dls and some I don't have the exact amount but shows 40hrs regular and 8 overtime but my check is the same 800dls so is that even legal to lower my original paid rate?
Find the Right Attorney for Your Case Can Seem Impossible. If you or someone you know has been seriously injured by the negligence of another person, or if you are facing employment law or overtime pay law Los Angeles, you need to speak to an attorney today. At the Marcarian Law Firm, we are ready to investigate your case today.
What many overtime hours are too much overtime?
What do you mean?
What happens if I want to work more hours😊. Instead of getting a second job
This is why this 1.5 times pay makes no sense and people have to look for a second job and a third job. There should be an option for people to do more hours over 40 and still get paid their regular wages.
We will see I and other coworkers have been fighting with the largest airline in the world we went to the labor board (Long Beach ca)over 3 years ago about missed meals and breaks the labor board said we won but now it’s still up in Arms by the company and in the end we will see this September. If we and all my coworkers win we will only get 60 percent of are Initial claim do to lawyers fees
I get what your saying But the the question is can Employer fire it’s employee if they want? My understanding is yes and they have millions of ways to do that. And I think every employer will do the same trick. So the real question is how can we as human do ?
I knew he was going to leave out this very important point.
I talked to the California labor board and they definitely said it all has to be and what the company calls its 24 hour day. So technically you can work 24 hours straight and not get double time if it's all on different days. That is if 12 hours is on one day and 12 hours is on another day you will not get double time that's a fact. And the same with doing over 8 hours if you only work 8 hours on each day and it runs into another day you will not get overtime.
You are absolutely incorrect about this. Employers cannot skirt CA's labor code by playing such games. I did not leave out this important point, there are literally thousands of laws that apply to wages and overtime. I cannot include them all.
@@braniganrobertsonlawthis is what literally happening to me
@@braniganrobertsonlawthis is also happening to me.
I work 16 hours, starting at 2 pm and ending at 6 am. My company says that at midnight it becomes a new day and a new shift and it does not count as OT. Should I pursue my company to be held liable for not paying OT and DT rates?
What if I work 4/10hour days. Employer won't pay overtime.
If your company has properly authorized an alternative work schedule, this is allowed. But it needs to have been done properly. Are you in CA?
@@braniganrobertsonlaw yes. They haven't submitted the Alternative work schedule properly.
@@braniganrobertsonlaw At the time of summiting this, the owner of the company is no longer the owner and I believe the company is trying to declare bankruptcy.
How about 12 hrs shifts
Maria Espinoza yes o need clarification on this!’
Yes pleaseee
They have to hire another people for Mandatory overtime. Staffs doing these overtime work everyday made them sick, and a lot of negative effect. lower performance
Can my employer force me to work overtime?
yes, usually
@@braniganrobertsonlaw are there any exceptions or work arounds?
please please please put the states in the title so people don't get confused
California is in the title. What do you mean? I have "CA" in the title and "California" on the thumbnail. Was California not sufficiently highlighted?
Employers are now making staff work overtime and not being paid overtime but rather giving them time off..but they nit giving the time off as time and a half...
I get paid hourly
Oh man do I have case for you
HOW ABOUT GETTING RID OF HOURLY PAY AND MAKING PEOPLE DO PIECE WORK AND PRODUCTION WORK INSTEAD OF PAYING THE WORTHLESS TO WATCH A CLOCK. PERCENTAGE PAY IS MORE FAIR FOR EVERYONE WEEDS OUT THE DEADBEATS.
The California Franchise Tax Board is stealing my federal stimulus money I have 3 years of overpayments they refuse to address
I am a healthy man in my 20s and I’m willing to work more hours right now stead of working when I am my old man
Lol not the way to go incase 401k crashes have multiple options not just overtime from 9 to 5
Fedex ground anyone?