Overtime Compensation -- Am I Entitled To It?
Summary of Overtime Wages
Are You An Exempt or A Non-Exempt Employee?Overtime compensation is only paid to Non-Exempt employees. Generally speaking, non-exempt employees are those that are typically paid by the hour and do not hold professional licenses. There are a number of exempt employees from overtime laws. For example, there is a so-called executive, administrative, and professional exemption. Other examples are outside sales people, employees directly employed by the State of any political subdivision including any city, county, or special district. Determining whether you fall into one or more of any of these exemptions can be confusing and quite technical.
Are Supervisors Entitled to Overtime?The answer to this question is maybe. Some supervisors may be entitled to overtime. Supervisors may fall under the so-called executive exemption. Whether a supervisor is truly an executive requires a detailed analysis of the specific job duties given by the employer and those that are actually performed by the employee. Generally speaking, the more "executive" type work done during a given work day by the employee as compared to non-executive work, the more likely that the employee may have been mis-classified as exempt and therefore entitled to overtime compensation.
How Much Overtime Compensation Am I Entitled To?Generally speaking, you are entitled to 1 1/2 times your regular hourly rate for each hour you work in between 8 -12 hours in a day or more than 40 hours in a week. If you work more than 12 hours in a day, you are entitled to double time for each hour worked. There are other overtime rules but that is the most basic one.
What Can I Do to Collect Unpaid Overtime?You can file a claim for wages with the California Labor Commissioner or you may be entitled to file a lawsuit and have an attorney represent you. Most times, you will be entitled to collect your attorney's cost back from the other side.