OVERTIME CLAIMS

In California, the general overtime provisions are that a nonexempt employee 18 years of age or older, or any minor employee 16 or 17 years of age who is not required by law to attend school and is not otherwise prohibited by law from engaging in the subject work, shall not be employed more than eight hours in any workday or more than 40 hours in any workweek unless he or she receives one and one-half times his or her regular rate of pay for all hours worked over eight hours in any workday and over 40 hours in the workweek. Eight hours of labor constitutes a day's work, and employment beyond eight hours in any workday or more than six days in any workweek is permissible provided the employee is compensated for the overtime at not less than:

1. One and one-half times the employee's regular rate of pay for all hours worked in excess of eight hours up to and including 12 hours in any workday, and for the first eight hours worked on the seventh consecutive day of work in a workweek; and
2. Double the employee's regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek.

There are, however, a number of exemptions from the overtime law. An "exemption" means that the overtime law does not apply to a particular classification of employees. There are also a number of exceptions to the general overtime law stated above. An "exception" means that overtime is paid to a certain classification of employees on a basis that differs from that stated above.  These are fact sensitive inquiries and, thus, we urge you to consult with a lawyer to better understand your rights.

This website is intended to provide general information only. Nothing contained in this article, or on this website, is intended to provide legal advice. By using this website the user agrees that no attorney-client relationship is formed between you and Chesler McCaffrey LLP and that you will not not rely on any information contained on this website without personally speaking with one of our attorneys. You further understand and acknowledge that Chesler McCaffrey LLP strongly encourages anyone who believes they may have a claim to communicate directly with a lawyer, whether from Chesler McCaffrey or any other firm.