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Should you be receiving overtime pay?

On Behalf of | Jun 8, 2022 | wage and hour violations

When you go to work, you have the right to expect that your California employer will pay you fairly for the work you do. For hourly workers, it can be challenging to know if an employer is following labor laws that outline fair wage procedures, but you do not have to remain silent if you suspect something is wrong. You have the right to know what you should be receiving in pay and how you can protect your employee rights.

One common issue for hourly employees is overtime pay. If you work more than eight hours per day, you may think that you should receive a higher rate for the extra hours you were on the clock. There are certain requirements regarding which workers should receive overtime pay, and it may be in your interests to know whether you qualify for this type of hourly rate at your job.

Factors that affect overtime pay

There are a few factors that could affect whether or not you will receive overtime pay for working over eight hours per day. First, you will need to determine whether the Fair Labor Standards Act applies to your employer. Secondly, you will want to know about any state laws that could possibly affect your eligibility for overtime pay. If the FSLA covers you, you will need to be a non-exempt employee. The following will help you understand if you are exempt or non-exempt:

  • Salary: The FLSA generally does not cover salaried employees. If you have a guaranteed minimum of payment you can count on, you are likely a salaried employee.
  • Salary level: If you receive less than $23,600 per year, you are likely non-exempt, and therefore, you could receive overtime pay for extra hours worked.
  • Duties: If you are in a management role, you are likely not eligible for overtime pay. Those who are in charge probably will not receive additional hourly pay.

Additionally, you will need to determine if you work in a job that disqualifies you from extra wages for overtime work. However, if you are eligible for overtime pay, you have the right to fight for the full amount you deserve for all of the time you were on the clock. If someone is treating you unfairly, or if you suspect that your employer is violating wage and hour laws, you have the right to pursue legal action in your effort to secure the full amount of pay you deserve.