When Employers Must Pay Overtime

Most employers are required to pay overtime as per federal and state laws. If you feel that your employer has not paid you overtime when it is due to you, speak with employment lawyers Orange County.

Exempt and Nonexempt Employees

The standard for overtime pay is the employee’s hourly wage plus 50%. If you are making $12.00 per hour and you work an hour of overtime, for that hour you will be paid $18.00. This is only the case, though, if you are classified as a “nonexempt” employee. Exempt employees do not receive overtime pay. The distinction generally applies to employees who are paid hourly rather than by salary.

There are many exceptions to the overtime work law. The Fair Labor Standards Act elaborates on the many nuances of the law, but one in particular that confuses employees in most states is the weekly overtime standard rule. In essence, by this rule you as an employee are not entitled to overtime pay unless you work the standard 40 hours in one week. For each hour or portion of an hour after the 40 that you work you are entitled to an additional 50% pay. It does not matter whether you work14 hours on Monday, 3 on Tuesday, etc. You are paid the stipend for each hour beyond the standard weekly 40 hours.

As your Employment lawyer Orange County will tell you, however, the above weekly overtime standard rule does not apply across all states. Indeed, California is one of the states that is an exception. If, then, you work in California, you do not need to work a full 40 hour week in order to receive overtime. You will instead be paid overtime for each hour or portion of an hour you work over the standard 8 in a shift.

Which Employers Must Pay Overtime?

Not all employers are required to pay overtime. A business must abide by the overtime laws if it has more than $500,000 in annual sales or it conducts business between states.

For Legal Assistance

Employment lawyers Orange County may be able to help you if you believe that you are not receiving overtime pay to which you are entitled. Call Daily Aljian LLP today to arrange a consultation.