Bay Area Overtime Lawyer Explains

California overtime laws

Streamed live on Nov 18, 2014 Watch the rest the video here.

Free Case Evaluation: 888.601.6939 - 24/7

San Francisco Overtime Attorney Eric Grover explains and wage and hour law Google Hangout.

Eric Grover, a California labor lawyer, who will be outlining what employees need to know

about overtime under California law.

Call San Francisco Overtime Attorney | 888.601.6939 - 24/7 | California labor lawyer

Hi Eric thanks for joining us today.

Eric can you tell the audience a little about your California wage and hour employment practice?

1. Eric, what would you say are the biggest misconceptions about overtime pay in California?

2. Who is eligible for overtime and who is exempt? Can salaried workers earn overtime, for

example?

3. How many hours must an employee in California work to be eligible for overtime and how

much extra pay does the law provide?

4. Can a California employee waive their rights to overtime if an employer makes that a

condition of employment?

6. What resources are available to employees where they can learn more about California laws

covering overtime?

Answer- http://www.dir.ca.gov/dlse/faq_overti... www.CAWageHourLaw.com

If you have a case in San Francisco Overtime Case Call Eric Grover California labor lawyer

related to any wage and hour violation or other area of employment law please call Eric Grover

at Keller Grover, LLP –

San Francisco Bay Area Labor and Employment Litigation Attorneys

Phone: 415.659.9937

Los Angeles Labor and Employment Litigation Attorneys

Phone: 213.493.6345

Or visit the firm at:

http://www.kellergrover.com

The California Overtime Law

The state of California's overtime laws involve overlapping statutes, regulations, and precedents

that govern the compensation of employees in California. While the governing federal law is the

Fair Labor Standards Act (29 USC 201-219), California overtime law is codified in provisions of

the California Labor Code and in Wage orders of the Industrial Welfare Commission Because

there are two sources of applicable law (federal and state), a California employer must comply

with both.

In California, based on California Labor Code 1171, only an employment relationship is required

for overtime rules to apply. Under the California Industrial Welfare Commission Wage Orders,

an "employer" is "any person ... who directly or indirectly, or through an agent or any other

person, employs or exercises control over wages, hours, or working conditions of any person."

Under the California Labor Code, an "employee" is "[any] person, including aliens and minors,

rendering actual service in any business for an employer, whether gratuitously or for wages or

pay, whether the wages or pay are measured by the standard of time, piece, task, commission, or

other method of calculation, and whether the service is rendered on a commission,

concessionaire, or other basis." Independent contractors are not employees covered by overtime

laws, so it is important to determine if a worker is an independent contractor or an employee.

California overtime laws differ from federal overtime laws in many respects. Foremost, pursuant

to California Labor Code Section 510, non-exempt employees must be compensated at one and a

half times the regular rate of pay for all hours worked in excess of eight hours in a workday, 40

hours in a workweek and the first eight hours of a seventh consecutive workday. Employees in

California are entitled to double-time for working more than twelve hour workdays or more than

eight hours on the seventh consecutive workday of a single workweek. Under federal law there

are only 40 hour weekly overtime limits. This eight hour overtime limit in California frequently

gives rise to wage-and-hour litigation for violations of state, but not federal, labor laws.

For example, "comp time" schemes, where employers tell employees that since they worked 10

hours on Monday they can work 6 hours on Tuesday, are illegal because even though the

employees are not working more than 40 hours for the purposes of overtime compensation under

federal law, they are working more than 8 hours for purposes of California overtime law and

rounding the 6 and 10 hour workdays to two 8 hour workdays would cheat the employee out of

two hours of overtime pay.

Perhaps the biggest difference between California and federal overtime law relates to the

administrative exemption's "primarily engaged" in duties that meet the test for the exemption

requirement, such as duties that involve exercising independent discretion and judgment as set

forth in the controversial Order No. 4. Whereas under the Fair Labor Standards Act "primarily

engaged" does not necessarily mean at least half, under California wage-and-hour laws, less than

half of exempt duties automatically eliminates the overtime exemption.

Source: Wikipedia

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