California Overtime Rules
In this guide, we will list types of employees and their overtime protections. An employee is exempt when his/her workers' salary is at least two times the minimum full-time wage. This works out a minimum salary of around $41,600. Also, exempt employees have to perform certain duties.
Domestic Workers OvertimeOvertime protections were extended in 2014 to domestic service employees caring for individuals and families.
For any work performed beyond 9 hours per day or 45 hours per week, domestic workers are due overtime pay. The only workers excepted from this regulation are babysitters younger than 18 and irregular or intermittent babysitters.
Outdoor Workers OvertimeThose employed in outdoor work, including immigrants, for example, agriculture, farming, landscaping are entitled to minimum five minutes of rest in the shade when the temperatures are over 85 degrees.
Employers cannot require employees work during their meal breaks, rest, or cool down periods afforded to prevent heat illness. The penalty for violating this rule is one hour of pay granted to the employee.
California Managers OvertimeTo be legally exempted from overtime, be it daily, weekly, or seventh day, and from breaks, a manager must have a salary that meets the minimum threshold (at least $41,600 per year). Also, they must perform managerial duties. More exactly, they cannot do non-managerial work 50% or more of the time.
Assistant managers, assistant store managers, assistant retail managers, restaurant assistant managers performing non-exempt duties and working over 40 hours a week on salary, have the right to receive overtime pay.
Property managers who fulfill no supervision duties, have no independent discretion, and are paid hourly may have the right to overtime pay.
IT & Computer Engineers OvertimeFor computer professionals, their job duties and pay establish the right to overtime. Routine and unvaried work, for example, installing, testing or configuring products usually means that an employee is owed overtime.
To be exempt, a computer professional is highly skilled and has to perform intellectual or creative work requiring independent judgment in tasks such as design, analysis, creation, modification of systems. Also, the computer professional must have an annual salary of at least $84,130.53.
Quality assurance Engineers that perform regularly routine duties that are not intellectually varied may be entitled to overtime. Also, test engineers that don't meet the pay threshold and perform repetitive and mechanical tasks, are probably entitled to overtime pay.
Nurses OvertimeA registered nurse who does work that requires leading knowledge and is paid weekly a salary of $455 or more, is considered a learned professional and, therefore, is exempt. Nevertheless, many lawsuits stating improper nurses exemptions exist.
Call Center Workers OvertimeCall center workers filed class action lawsuits against employers for unpaid overtime. The claim is that they are required to complete preparatory duties before and after their shift, but are not paid for that time. The suits assert that employers know of the situation and do not try to repay call center staff for the substantial work from which they benefit.