FedExer267
Well-Known Member
So I was making a delivery to a law firm I frequently deliver to. They gave me some info.
California Overtime Pay
Overtime pay is additional pay for working over 40 hours a week, and in CA, over 8 hours in a day. Whether someone should recieve OT pay depends on the work they do, but these general rules apply to all employees:
The Overtime laws are designed to protect employees, and the courts construe them to give employees the maximum protection.
Employees are presumed to be intitled to OT pay and under California and Federal Law, the employer, not the employee, has the burden of proof to show the properly paid the employee.
A employee's right to OT pay does not depend on if they are salaried. Many salaried employees are entitled to OT pay.
Work activities, not job titles and resposibilities, govern whether your entitled to OT pay. In CA the law looks to what employees do over half their work time. While employers sometimes give employees untrue job titles for the purpose of avoiding OT pay, this does not affect employees rights.
A employer must pay OT in CA unless it can prove the employee is exempt from OT law requirements. Exempt employees do not get OT pay.
The Executive Exemption
The Admininstrative Exemption
The Professional Exemption- applies to employees who have a certain licenses to practice a profession
The Computer Software Professional Exemption
The Outside salesperson Exemption- applies to employees who work away from the workplace making sales and filling orders. However the employee cannot spend a signifiant time doing the same work as other non-exempt employees.
So sounds like someone owes us OT
California Overtime Pay
Overtime pay is additional pay for working over 40 hours a week, and in CA, over 8 hours in a day. Whether someone should recieve OT pay depends on the work they do, but these general rules apply to all employees:
The Overtime laws are designed to protect employees, and the courts construe them to give employees the maximum protection.
Employees are presumed to be intitled to OT pay and under California and Federal Law, the employer, not the employee, has the burden of proof to show the properly paid the employee.
A employee's right to OT pay does not depend on if they are salaried. Many salaried employees are entitled to OT pay.
Work activities, not job titles and resposibilities, govern whether your entitled to OT pay. In CA the law looks to what employees do over half their work time. While employers sometimes give employees untrue job titles for the purpose of avoiding OT pay, this does not affect employees rights.
A employer must pay OT in CA unless it can prove the employee is exempt from OT law requirements. Exempt employees do not get OT pay.
The Executive Exemption
The Admininstrative Exemption
The Professional Exemption- applies to employees who have a certain licenses to practice a profession
The Computer Software Professional Exemption
The Outside salesperson Exemption- applies to employees who work away from the workplace making sales and filling orders. However the employee cannot spend a signifiant time doing the same work as other non-exempt employees.
So sounds like someone owes us OT