As an employee in the state of California, are you aware of the general provisions requiring overtime pay? If so, is your employer adhering to the overtime pay rates required by the Fair Labor Standards Act (FLSA)?
WHAT CONSTITUTES OVERTIME?
According to the Division of Labor Standards Enforcement (DLSE), in order for work to be considered overtime, it must meet some general provisions. They are as follows:
- The employee must be 18 years of age or older OR a minor who is not required by law to attend school and is not prohibited from engaging in work.
- The employee is employed more than eight hours in a single work day OR more than 40 yours in a workweek.
WHAT IS THE ‘REGULAR RATE OF PAY?’
Because the amount of overtime pay is based on the regular rate of pay, it is important to understand what the term refers to. The regular rate of pay can refer to any number of things, including hourly earnings, commissions, salary, or piecework earnings. The regular rate of pay may never have been lower than the legal minimum wage. The regular rate of pay is usually determined by referring to an employee’s hourly rate or salary. For those paid on a salary basis, the regular rate is calculated by multiplying the monthly salary by 12, dividing the result by 52, and dividing that result by the number of legal maximum hours (40) to get the rate. According to Labor Code Section 204, overtime wages are required to be paid no later than the next payday for the regularly scheduled pay period after which the wages were earned.
If you are not receiving fair overtime pay, you have the right to legal action. To better understand how to take action, contact a lawyer as soon as possible. A qualified lawyer will be able to assist you in the process and will guide you through the steps required to receive damages.
LAW OFFICES OF MANN & ELIAS
At the Law Offices of Mann & Elias, we have more than 40 years of combined experience. We are specifically focused on employment law and have dealt with dozens of cases similar to yours. For a free initial consultation, contact us today. We would be happy to provide the legal services needed to successfully claim what’s owed to you.