In California, non-exempt employees are entitled to receive time and a half for time worked over 8 hours in a day. Employees are also entitled to this additional compensation if they work over 40 hours in a week. There are additional wages if an employee works over 10 hours in a day.
This sounds like a simple of the law, but it is much more complicated than meets the eye. One of the trickiest and most heavily litigated areas of practice is job classification. Only employees who are “non-exempt” are entitled to overtime compensation. California lists several broad categories of jobs that are “exempt”. However, what constitutes and “exempt” or “non-exempt employee” is open for interpretation to both Plaintiffs and Defendants alike.
There is a common misconception that only traditional laborers are entitled to overtime compensation. In one case in California, a senior consultant at a software company who was paid $60,000 was determined by the court to be “non-exempt”, which means that the employee was entitled to receive overtime compensation. See Eicher v. Advanced Business Integrators, Inc., 151 Cal.App.4th 1363 (2007). Please contact our employment law attorneys Eric M. Overholt or Michael Ian Rott at 619-296-5884 or by email at firstname.lastname@example.org or email@example.com at Hiden, Rott & Oertle, LLP if you think that you are entitled to overtime compensation and have not been paid overtime wages.
This post is also available in: Spanish