In a competitive wage market, many employers are already paying less than industry standards to their non-exempt employees. In this
situation, you cannot afford to be taken advantage of. Both federal and state laws require employers to pay overtime rates.
Here in California, employers are required to pay overtime for any time worked that exceeds 8 hours in a workday. Workers are also entitled to overtime for anything over 40 hours in a work week. It can be confusing because wage disputes of this nature are based on many factors such as municipal codes, state statutes, federal acts, case-law decisions, industry-specific, and job-specific regulations. There are even different rules for public sector and private sector jobs. In California, you may be required to file a complaint with one or more government agencies.
There are a couple of things to be aware of. Overtime is defined as one and one-half times your pay. So if you make eight dollars per hour, during overtime you would add half that amount (4 dollars) to your wage, giving you twelve dollars per hour during overtime hours.
Also, it is important to recognize the difference between exempt and non-exempt. Really it is just a technical way of saying salary (exempt) or non-salary (non-exempt). If you enter into a contract for salary, you get the same pay regardless of hours.
We are here so that you do not need to know all of this verbatim. Our firm, Arata, Swingle, Van Egmond & Goodwin, can advise you on how to resolve your wage and hour situation. We always represent our clients confidently, vigorously, and professionally.
If you think you are not getting paid the overtime that you deserve contact us on our website or call (209) 522-2211. We will do the legwork and fight for the pay you have worked so hard for!