California Overtime Laws

Orange County overtime law firm

Overtime laws in California exist for the protection of employees. If you are an hourly worker, you may be eligible for overtime pay, whether you are paid weekly, bi-weekly, or monthly. In addition, if you are paid on a salary basis, this does not automatically mean you are exempt from California overtime pay. Contact a skilled employment attorney at the Carter Law firm to evaluate your situation and determine whether there have been any violations of California overtime laws.

Overtime Misclassifications

There are several tests to determine eligibility for overtime pay. One is the duties test under which the actual work being done is assessed as opposed to merely looking at a job title or written job descriptions. To be exempt from overtime, an employee must be doing work that is mainly administrative, professional, or executive in nature. Calling an employee administrative does not automatically make a person exempt from overtime pay.

In addition, an employee must earn a minimum amount of money a year and must be paid salary to be an exempt employee.

Overtime Guidelines

Some examples of exempt status employees include, but are not limited to:

Administrative employee—To be exempt, an employee must perform non-manual work as his or her primary duty, directly related to management policies, general business operations, or the employee must perform work in educational administration.

Professional employee—To be exempt, the primary duties of the employee must consistently involve discretion and judgment, and the employee must be engaged in performing work that is predominantly intellectual and varied. The professional exemption pertains to employees who perform work requiring—

• Advanced knowledge and education
• A license or certification by the State of California in law, medicine, dentistry, optometry, architecture, engineering, teaching, or accounting
• Specialized knowledge gained through an advanced course of study, generally beyond a bachelor's degree, or who work in an artistic field which is original and creative, and who regularly exercise discretion and judgment.

Executive employee—To be exempt, an employee must regularly direct the work of two or more other full-time employees and also must have management as the employee’s primary duty.

Computer professional—While this exemption is available under both federal and California law, California law places greater restrictions on the exemption's availability.

Have you had overtime pay improperly withheld or are you seeking advice on California overtime laws in Orange County? Contact the Carter Law Firm, experienced employment lawyers in Orange County if you have questions about CA overtime laws. We serve all of California.