What is overtime pay?

Overtime pay is additional compensation for working long hours. Usually, overtime pay is one and a half times your hourly rate for every hour over eight in one day or forty in one week. There also is premium pay, usually twice the normal rate, for the seventh day of work in a week, or for more than twelve hours per day.  These are general rules.  Sometimes there are exceptions described in the Wage Order which should be posted at the workplace

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Who is entitled to overtime pay?

Many employees are entitled to overtime pay, and many of them are unaware of their rights.Employees are entitled to overtime pay unless they fit into a specific exemption excluding them from such pay. In general, the most common exemptions are for "executive," "administrative" and "professional" positions. There are technical definitions for these terms which are not simply what most people expect.

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What if I have agreed to be paid a salary, without extra compensation for extra hours?

Generally you cannot waive your right to overtime pay. You are entitled to overtime pay, even if you have accepted a salary or agreed that you will not be paid extra for overtime hours.

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My employer insists that I am exempt.

At times, employers deliberately fail to pay legally required overtime pay in order to save money. Often, however, employers are confused about the law.

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What are most common errors in classifying employees?

Employees often do not spend sufficient time on exempt duties to be exempt. For example, someone with the title of "supervisor" who spends little time in performing actual supervisory duties is not exempt and is entitled to overtime pay. Another common misunderstanding is that the legal definition of "professional" is very narrow. It does not include many employees who consider themselves or are considered by others as exempt "professionals."

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What should I do if I suspect that I am entitled to unpaid overtime pay?

Seek legal advice. The initial consultation with our law firm is free. Let us know if you are interested in hiring us on a "no fee if no recovery" basis.

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