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Law Office of Raphael B. Hedwat.
- 5170 Sepulveda Blvd # 350, Sherman Oaks, CA
- Available 24/7
- - SE HABLA ESPAÑOL
- 5170 Sepulveda Blvd # 350, Sherman Oaks, CA
- Available 24 hours a day, 7 days a week
- - SE HABLA ESPAÑOL
Overtime Compensation Lawyer Los Angeles
What are Overtime Compensation Laws?
Employees who work during their “spare time” are entitled to overtime compensation. It’s also a mechanism to ensure that businesses don’t compel employees to work excessive hours and don’t hire new employees who may be due benefits even if they’re paid the same.
Overtime is governed under California Employment Code 510. A day’s work is defined under the legislation as eight hours of effort. It goes on to say :
Any additional work done in excess of eight hours in a single workday, 40 hours in a single workweek, and on the seventh day of work, the first eight hours that an employee works in any one workweek, the employee is entitled to reimbursement from the employer at a rate of one and a half times the regular rate of pay.
Any additional work done in a single workday that exceeds 12 hours is entitled to reimbursement by the employer at twice the standard rate of his or her salary.
California's Overtime Laws: Any Exceptions?
Yes, there are exceptions to California’s overtime laws. Here are a few examples:
In California, most employees who are 18 years old or 16 and 17 years old who have the legal authority to leave school to work, including certain salaried employees, are entitled to overtime compensation.
So, in order to answer this issue more precisely, analyze who in is not qualified for overtime compensation.
- Unionized employees
- Outside salesperson
- Workers in specific occupations
- Exempt employees
- Independent contractors
- Alternative workweek schedules
- Commission-based pay
- Agricultural workers
Can you Overtime for On-Call Work?
If your on-call time qualifies as “working time” under the FLSA and you exceed 40 hours in a week as an hourly employee, you are eligible for overtime pay. The FLSA considers on-call time as working time if you must remain on your employer’s premises or nearby, limiting your personal activities. However, if on-call time is not considered working time under the FLSA, you may not be entitled to overtime. This depends on whether you can be away from work and only answer calls. State laws and your employer’s policies also impact on-call overtime rights, as some states have stricter regulations than the FLSA. Consider checking both to determine your specific entitlements.
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Raphael B. Hedwat
JOCELYN CRUZ2023-06-03I cannot thank the team at Law Office of Rafael B. Hedwat, Abogado Rafael y Asociados enough for their excellent legal services. They were very patient with me, carefully explained all the options, and helped me make an informed decision. I highly recommend their services.
joatam negron2023-06-03I highly recommend the Law Office of Rafael B. Hedwat, Abogado Rafael y Asociados. Their team is incredibly knowledgeable, professional, and easy to work with. They helped me navigate a complex legal issue and provided expert guidance every step of the way.
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