The question as to whether there is a right to overtime compensation was a litigation problem hotly contested in California. The main reason behind him is the fact that whether an employee is entitled to overtime is a factual investigation that depends on certain facts and circumstances of employment.
But there are some important hard principals to watch out for overtime wage, whether you are an employee or an employee:
1. Overtime compensation can not be waived. Employee's consent to exempt overtime allowances or to accept less legal fees he will expire is invalid and unenforceable. In other words, even though employers and employees signed written agreements that employees agree not to ask overtime allowances, employees still remain legal working hours.
2. Wage Overtime - In California employees pay 1.5 times the "normal" fee for employees if they work more than 40 hours a week or work more than 8 hours per hour There must be a day. Employers will pay twice the wages when employees work more than 12 hours a day. Under state law, regular wages are calculated by dividing weekly salary into 40 hours or regular weekly work. Regular interest rates include bonuses and responsibilities that employees may earn as part of their wages. If the fee is paid on a basis other than weekly and the payment is delayed past the employee's normal pay day or payment period, do not allow the employer to include this payment in the salary of the employee.
3. Some employees are exempted from overtime law. By federal law, workers employed by integrity executives, administrators or professionals are exempted from the benefits of overtime wages.
Certain types of employees are also exempt from legal overtime rules. This includes employees of amusement parks / recreation parks, non-operating employees, seafarers, criminal investigators, computer systems analysts, babysitters and individual attendees.
When negotiating as part of a collective bargaining agreement, the employer may require employees to work 40 hours a week without excess wages for 40 hours. Or do not work for more than 5240 hours for 52 weeks in a row. In addition, state overtime laws do not apply to employees subject to collective bargaining agreements that provide a time rate of at least 30% of the minimum wage and a "premium" wage rate for overtime.
4. Time to be counted outside hours other than normal working hours: If you are absent mainly due to employers and their business benefits, you may be required to compensate standby or "on-call" time according to federal law I can do it. This, of course, depends on the particular situation of each case. Under the law of California law, employees must pay the time deemed to be in service in the employer's visa.
If these activities are an integral part of the employee's primary activities such as refueling, greasing, cleaning, etc. before use as part of the duties, you can also compensate for setup and preparation time.
Usually, under the portal-to-portal law, we can not compensate traveling time and commuting between home and work. Even if the employer provides a car for employees engaged in work by commuting, I can not compensate commuting time.
If an employee is exempted from all obligations, the meal period can not usually be compensated. However, if an employee can not leave the office (employees of a gas station, 7/11, etc.), the meal time is counted as the time for overtime work, even if neglecting all work in the meal I will.
Training can be divided into three categories: (i) when it is out of regular working hours, (ii) if it is optional, (iii) contains matters not directly related to employee work, (iv) When you do not do the basic work.
There is no 7 day labor vacation - in California State law all employees have the right to take a day's leave in 7 days and it is prohibited to ask employees to work for more than 6 consecutive days for 7 consecutive days I will. This seventh vacation requirement does not apply if the employee is working less than 30 hours a week or 6 hours a day on a weekly basis.
5. Take a vacation instead of overtime - Under California State law, an employer can not demand employees to take leave instead of overtime compensation. However, employees have the right to request a substitute leave at a rate of 1 hour 30 minutes per hour of overtime hours work.
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