In the state of California, you are allowed three different types of overtime pay. You may not even realize that you are allowed overtime pay when you have been working more than 40 hours a week. Unless you are classified as an exempt employee or independent contractor, you should be paid overtime in one way or another.
These three types of overtime are slightly different depending on how much you are supposed to be working. You need to decipher first:
· Am I supposed to work 40 hours a week, or
· Am I supposed to work eight hours a day
· Am I scheduled to work five days a week Monday-Friday, or
· Is my schedule spread out throughout the week?
Ask yourself these questions as you read further.
What is Daily Overtime Pay?
If you are contracted to work eight hours a day without regard for the total number of hours per week, you will make 1.5 times your hourly rate after you exceed eight hours in the day. If you work more than 12 hours in a day, you should be paid two times you hourly rate at that point. Remember, this only works when you are supposed to work eight hours a day and go over.
What is Weekly Overtime Pay?
Weekly overtime is slightly different because this formula is used when you are supposed to work 40 hours a week and go over. Remember, this excludes daily overtime pay. If you get to your 41st hour of the week, you should be paid 1.5 times your hourly rate no matter how many more hours you work that week.
What if You Work Seven Days in a Row?
If you are working on an unpredictable schedule, you might end up working seven days in a row. When you do that, you are to be paid 1.5 times your hourly rate on your seventh consecutive day of work. If you work more than eight hours that day, you get 2 times your hourly rate for the rest of the day after the eighth hour.
Remember that this particular hourly wage is different from the other two because you might have worked only a few hours each of the other six days. The overtime rules kick in when you get to the seventh day no matter how many hours you have accumulated.
Am I Eligible For Overtime Pay?
In order to be eligible for overtime, you must be classified as non-exempt and establish an employee-employer relationship with the company that writes your checks. Exempt employees and independent contractors cannot collect overtime. You may have been misclassified, and you need to reach out to an employment lawyer for assistance.
Recall that these employees are not eligible for overtime under California law:
· Exempt employees
· Anyone making twice the minimum wage in an administrative or professional capacity
If your employer is simply not following California overtime rules, you can report your employer to the California Department of Industrial Relations. You should also retain an employment lawyer to recover the unpaid overtime that you know you are owed.