10 décembre 2022
What Is the New Overtime Law in California
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The work week used by an employer does not have to coincide with the work week in which the employee works, but any difference between the two must be justified by a legitimate business purpose.60 Employers cannot structure work weeks to avoid paying overtime.61 No. Six common types of employees who are not entitled to overtime pay are: The problem in this example is that as of Thursday, all hours worked technically exceeded 40 hours in the work week, although many of these initial 40 hours were paid at the overtime rate. All non-exempt workers eligible for overtime are paid 1.5 times the regular rate for all hours worked more than 8 hours per working day, more than 40 hours per work week or for the first eight hours worked over 7 hours. consecutive working day in a work week. This is often referred to as the « hour and a half » paid. All first responders, including police, paramedics and firefighters, have specific overtime coverage under the RSA. As noted earlier, the general rule is that any work performed that exceeds eight hours per day or 40 hours in a work week must be paid at an overtime rate.74 Non-exempt workers are generally entitled to overtime pay if they work more than 40 hours in the same work week. The most important thing in this example is that the employee`s weekly overtime is committed on Saturdays – only after they have worked more than 40 non-overtime hours in the work week. None of the employee`s daily overtime is counted towards his or her weekly overtime. Work of more than 40 hours per week does not automatically give entitlement to overtime if these 40 hours include two different working weeks: Labour Code, § 204 para.
3, para. (a) [« An employee may, instead of overtime pay, receive compensation of at least one and a half hours for each hour worked for which overtime pay is required by law. If an hour of work can otherwise be paid more than one and a half times the employee`s normal rate of pay, the employee may receive remuneration equal to the higher rate. »]. ↥ Unless otherwise specified by the employer, a working day runs from 00:01 to midnight. Note that employees who work more than eight hours on a calendar day may still not be eligible for overtime if those hours are spread over two different business days. If your job falls into one of the four categories described above, you are not covered by federal or California unemployment regulations and your employer is not required to pay you an overtime premium. Working 40 hours per work week does not give rise to overtime pay, unless one of these working days included more than 8 hours of work. The Fair Labor Standards Act (FLSA) automatically qualifies certain types of workers who meet overtime pay requirements, overtime for all hours worked more than 40 hours in a single week (or daily overtime limits set by California overtime laws). If your job involves manual labor (e.g., construction workers, factory attendants, cashiers, etc.), you`re probably protected by overtime law. Similarly, the employer must pay for hours, including overtime, that: Unionized workers are not eligible for overtime pay in California if their collective agreement states: Agreed normal hours of work must be used if they are less than the maximum legal hours of work. For example, if you work 32 to 38 hours per week, there is an agreed average work week of 35 hours, and thirty-five hours is the number used to determine the regular wage rate. However, in cases where the working week is less than 40 hours, the law does not require payment of the overtime premium, unless the employee works more than eight hours per working day or more than 40 hours per working week.
In other words, assuming you are employed under a policy that provides for a 35-hour week, the law does not require the employer to pay the overtime premium only after eight hours in a workday or 40 hours in a work week. If you work more than 35 hours but less than 40 hours in a work week, you are entitled to overtime pay at your regular rate of pay, unless you work more than eight hours per working day or 40 hours per work week. Discretionary bonuses or amounts given as gifts for a statutory holiday or other special occasion, such as a reward for good service that is not measured or dependent on hours worked, production or efficiency, are not subject to overtime rates and are therefore not included in setting the regular rate of pay. If your employer discriminates against you or retaliates against you in any way, such as by dismissing you for filing a wage claim or threatening to file a wage claim with the labour commissioner, you can file a discrimination/reprisal complaint with the office of the labour commissioner. Alternatively, you can sue your employer in court. Employees who owe overtime typically file a wage claim with the Division of Labor Standards Enforcement (DLSE)/California Labor Commissioner`s Office. An Assistant Labor Commissioner then decides either: For more information on how to file an unpaid overtime claim, see How to File a Wage and Hour Claim in California: The Ultimate Guide. General practitioners and paralegals who would otherwise fall into the exempt class are also explicitly protected by the Overtime Act, as these special professionals often endure long hours and may otherwise be exploited or overworked by their employers. No, you are not entitled to overtime pay. Overtime is calculated based on the hours actually worked and you only worked 40 hours during the work week.
Another example of where you receive your regular salary, but time doesn`t count towards overtime, is when you`re paid for vacation but don`t work that day. In such a case, the time on which the holiday pay is based to determine overtime does not count as hours worked because no work was performed. Non-exempt workers who work a seventh consecutive day in a work week are entitled to overtime pay. Overtime is considered to be hours of more than 40 hours per week and more than 8 hours in a given working day. Both are eligible. An employee also receives overtime pay for the first 8 hours of their 7th consecutive business day. If the employee works more than 8 hours a day, he is paid an hour and a half of overtime. If they work 12 hours or more a day, they should receive double their standard wage. Example: One week, Laura works 30 hours without overtime at $15 per hour. She wins a $30 bonus.
The $30 is divided by the 30 hours not overtime. This equates to $1. Therefore, Laura`s wage rate is $16 per hour ($15 plus $1). The regular rate may be more difficult to calculate in other circumstances, especially if an employee receives more than one form of compensation.
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