Unpaid Overtime, Breaks or Expenses
Under State and Federal law, there are rules that employers must follow when determining employee’s compensation. The Fair Labor Standards Act (FLSA) is governing wages. The California Labor Code has similar standards for their employees.
Federal overtime law requires all employees not exempt from the FLSA to be paid 1.5 times their regular rate of pay for hours worked in excess of 40 hours in a work week. Also, employees are to be paid double for any hours worked over twelve in a day and for any hours worked over eight on the seventh day of work in a week.
An issue surrounding overtime rules is if the law applies to a particular employee. Under federal and state law, some employees don’t have to be paid overtime. Many employers will claim their employees do not qualify for overtime. Employers will try to claim that their employees are working in a professional, executive or administrative position, in order to get out of paying overtime.
For a position to be an executive: The employer must show that the employee is managing a department, manages two full-time employees and can hire and fire employees.
For an administrative position: The employer must show that the primary duty is related to general business operations or office work. Administrative employees are employees that keep the business running ( i.e. HR.)
For a professional exemption: The employer must prove that an employee is needed for advanced knowledge in a specific field. ( i.e. lawyers, doctors, scientists and creative positions.
At Aiman-Smith & Marcy, we believe that all employees who are entitled to overtime wages should be paid. Call us at (510) 488-2566 to speak with an overtime pay lawyer for a free consultation or more information about overtime pay laws.