Federal overtime restrictions are frequently expanded by California state law. Overtime pay is more broadly defined and available to workers in California than in many other states; in some cases, the state’s legislation permits even higher overtime pay.
Overtime premiums at the relevant hourly rate will be due, for instance, to non-exempt workers in California who work more than forty hours per week, eight hours per workday, or seven consecutive days in a workweek. Many companies still need to pay their employees the due overtime, even though California has strong labor safeguards.
While abuses of workers’ rights in the workplace happen in all California industries, some groups are likelier to experience them than others. Workers in the three categories below may need to keep a closer eye on their schedules and pay stubs and get help from an Ontario workplace lawyer than others for any indications of possible overtime wage breaches.
Daily employees
One of these two types of workers typically describes the majority of employees. They get a salary or hourly earnings. While many hourly workers are not required to pay overtime, many salaried workers are. Because their income fluctuates based on their workload, daily workers typically have the same entitlement to overtime compensation as hourly workers. This was reinforced in a recent court order, which may have gone unnoticed by those workers.
Hourly service employees
Many companies in California take advantage of their hourly workers by paying them as little as possible for the number of hours they work and the amount they charge per hour. They may avoid paying employees overtime by inflating their starting hours or rounding down their workdays in payroll records. Even while it is pronounced under California law that corporations must pay their employees for all time spent on ordinary job duties, the company may provide training that trains employees to accomplish their jobs off the clock.
Unclassified employees
By classifying workers as independent contractors, some companies hope to evade their legal obligations to such workers. They save money by doing away with workers’ compensation costs and payroll taxes. The fact that an independent contractor is formally their own boss means they are free to refuse to pay them overtime if they choose. Even though they are technically considered independent contractors, many companies treat their workers more like employees. Companies that attempt to distort employment arrangements for their financial benefit might face penalties in California, which refers to the conduct as misclassification.
It may be easier to stand up for oneself if one knows the increased likelihood of overtime breaches. Employees who have worked overtime but have not been paid for it may have the best chance of returning their money by filing a wage claim.
