The Pearl Law Firm

Los Angeles, California Wage and Hour Attorneys for Employees

FAQs

Why should I be paid for my overtime hours?

Under California law, all employers must pay their employees overtime wages for their overtime hours, unless they fall under one of the limited exemptions to the overtime law. Overtime wages means: time-and-a-half for all hours worked over eight (8) per day or forty (40) per week; and double-time for all hours worked in excess of twelve (12) per day or eight (8) on the seventh day in any week.

California employment laws were developed to protect you. If you have worked overtime hours in the last four years without receiving overtime compensation, you may have been cheated.

Why should I be paid for my missed meal and rest periods?

California law provides that no employer shall employ any person for more than five hours without a meal period of not less than thirty minutes during which the employee is relieved of all duty. In a ten-hour day, this means two half-hour, off-duty meal periods. Any employer who fails to provide these meal periods owes the employee one additional hour of pay for each day on which the employee misses a meal period.

California law also provides that every employer must authorize and permit its employees to take a net ten minutes of rest time for each four hours of work, or major fraction thereof. In an eight-hour day, this means two ten-minute, off-duty rest periods. Any employer who fails to provide these rest periods owes the employee one additional hour of pay for each day on which the employee misses a rest period.

If your employer does not provide you the required meal and rest periods, then your employer may owe you wages.

What if I don't have any records of my overtime hours, missed meal or rest periods?

You do not need records of your overtime hours to win a case for overtime compensation. Your own testimony that you worked overtime hours will support your claim. Just like in an automobile accident case, an injured party does not need a picture showing that the traffic light was red or green. In addition, California law requires your employer to keep records of your hours worked. Your employer's failure to do so puts the burden on your employer to prove that you did not work overtime.

Are some employees not entitled to overtime pay?

California law provides that several types of employees are "exempt" from the overtime requirements:

  • Executive, administrative, and professional employees who are paid a salary of no less than $640 per week may be exempt, depending on the particular duties they perform;
  • Employees in the computer software field who earn not less than $37.94 per hour or a salary of not less than $79,050 per year may be exempt.
  • Certain advance practice nurses may be exempt, but most other nurses are not.
  • "Outside salespeople" who spend the majority of their time engaged in sales activities away form the employer's place of business generally are exempt.
  • Salespeople who earn not less than $480 per week are exempt if more than half of their earnings are comprised of commissions, provided that the commissions meet legal requirements.
  • Certain employees engaged in trucking may be exempt.
  • Personal attendants may be exempt, as long as they do not spend a "significant" amount of time performing duties other than supervising, feeding, and dressing the person to whom they attend.

I earn a salary. Doesn't that make me exempt?

No. Contrary to popular belief, just because you earn a salary does not mean that you are exempt from being paid overtime compensation. (If it did, employers would put every employee on a salary, and nobody would be entitled to overtime.)

Can my employer fire me for complaining about illegal wage and hour policies?

No. It is unlawful for an employer to retaliate against an employee for asserting his or her rights under the law.

Why should I get help negotiating my severance agreement?

Many employees are being laid off in this economy through no fault of their own. Many employers offer these laid off employees severance compensation, in exchange for the release of certain claims that against the employer. Other employers will attempt to use severance pay to negotiate for concessions to which they are not entitled. Some rights cannot be waived under California law, even if compensation is paid. We can help you maximize your compensation package, at the same time that you preserve your rights.

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