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FREQUENTLY ASKED QUESTIONS



General Questions


Q: What should I do if I want to speak to a labor and employment attorney?

A: Fill out the form on the right side of the page or call toll-free (866) 981-4800 for a free consultation with one of our labor and employment lawyers.

Q: Can my employer fire me because I inquired about my employment rights?

A: No, it is illegal for your employer to discriminate or retaliate against you for inquiring about your rights, safety concerns or overtime pay. Retaliation may include the threat of or actual termination, demotion, suspension, or harassment.

Q: How much will Girard Gibb's labor and employment law attorneys charge me?

A: Nothing. Our labor and employment lawyers do not charge our clients for bringing a lawsuit.

Overtime Law Questions


Q: If I work overtime without authorization, is my employer obligated to pay for it?

A: Yes, California employment law requires that employers pay overtime, whether or not it is authorized. Overtime pay is one and one half times the regular rate of pay for all hours in excess of eight, up to and including 12 hours in a workday. After 12 hours, the employee is compensated at double the regular rate of pay.

Q: Can my employer penalize me for working unauthorized overtime?

A: An employer can discipline an employee for violating the employer’s policy of working overtime without the required authorization. However,California employment law requires that employers pay overtime, whether or not it is authorized.

Q: Are salaried employees entitled to overtime?

A: It depends. A salaried employee must be paid overtime unless they meet the test for exempt status as defined by federal and state laws, or unless they are specifically exempted.

Q: Can an employer require an employee to work overtime?

A: Yes, an employer may dictate the employee’s overtime. Under most circumstances, the employer may discipline an employee, up to and including termination, if the employee refuses to work scheduled overtime.

Independent Contractor Law Questions


Q: How can an employment law attorney help me if I was denied overtime pay as a result of being missclassified as an independent contractor?

A:If a worker can establish that they should have been classified as an employee rather than an independent contractor, they can file a lawsuit to recover past overtime pay. Our experienced employment attorneys are committed to helping our clients understand the nuances of independent contractor law and obtain the compensation they are owed.

Exempt vs. Non-Exempt Questions


Q: Is salary a factor in determining if an employee is exempt or non-exempt?

A: Under California Labor Code 515, employees must earn a monthly salary equivalent to no less than two times the state minimum wage for full-time employment to be considered exempt. Under the Fair Labor Standards Act, employees generally must be paid no less than $455 per week to qualify for an exemption.

Q: What other jobs are exempt under the FLSA?

A: Computer employees (such as computer systems analysts, computer programmers, and software engineers), outside sales employees, and highly paid employees(i.e. employees earning more than $100,000 per year).

Q: Are there exceptions to the requirements for exemption under the FLSA?

A: Yes. The exemptions do not apply to manual laborors, including carpenters, electricians, mechanics, plumbers, iron workers, craftsmen, operating engineers, longshoremen, and construction workers, regardless of their salary or rank. The exemptions also do not apply to police officers, detectives, deputy sheriffs, state troopers, highway patrol officers, investigators, inspectors, correctional officers, parole or probation officers, park rangers, fire fighters, paramedics, emergency medical technicians, ambulance personnel, rescue workers, hazardous materials workers and similar employees.

WARN Act Questions


Q: What are the penalties for employers who violate the WARN Act?

A: Employers in violation of the WARN Act are generally liable to each affected employee for an amount equal to back pay and benefits for the period of violation for up to 60 days. New Jersey WARN Act differs from other WARN Acts in that it instead requires employers in violation of the Act to pay affected employees severance pay equal to one week of pay for each full year of employment.


Q: How can a WARN Act attorney help me?

A:The WARN Act is enforced when employees, or their representatives, bring individual or class action suits alleging that an employer violated the WARN Act. Our experienced WARN Act attorneys are committed to helping our clients understand the nuances of the WARN Act and obtain the compensation they are owed.

HOME > PRACTICE AREAS > EMPLOYMENT & LABOR LAW > OVERTIME AND THE FLSA

Overtime and the FLSA

Were you denied overtime pay?

Since its creation in 1938, the Fair Labor Standards Act (FLSA) has specified that eligible employees must receive a premium wage for all hours worked beyond the "standard workweek" (originially 44 hours). Problems arise when employers fail to comply with this requirement. Our labor and employment attorneys actively pursue claims on behalf of employees who were denied overtime pay in violation of the FLSA.

Federal Overtime Law

Today, unless specifically exempted, employees who are covered by the FLSA, must receive overtime pay for any time worked beyond 40 hours a week at a rate of at least one and half times their regular rate of pay. This regular rate of pay must not be less than the federal minimum wage.

Under the FLSA, employers are not required to pay overtime for hours worked on weekends, nights or holidays unless unless the hours worked that week exceed 40. If an employee is over the age of 16, there is no limit on the number of hours they may work a week. Unlike California labor law, the FLSA does not require employers to pay their employees double-time for any type of overtime. Overtime pay generally must be paid on the regular pay day for the pay period when the overtime work took place.

Federal Overtime Law vs. California Overtime Law

A number of states including California have their own overtime laws. If an employee is covered by both state and federal overtime laws, they are entitled to overtime "according to the standard that will provide the higher rate of pay."

Learn more about Overtime and California Labor Law

What can I do if I believe I was unfairly denied overtime pay?

If you believe your employer violated the FLSA's overtime law, or if you would like to learn more about overtime law and the FLSA, please fill out the form to the right or call us toll free at (866) 981-4800 for a confidential consultation with an overtime lawyer.

Go back to California Overtime Lawyers overview

Contact a California overtime attorney.

Important Note: This summary is intended to provide a basic overview of the typical types of employment cases handled by our firm. It is for informational purposes only and does not constitute legal advice.

Overtime and California Labor Law Frequently Asked Questions

1. If I work overtime without authorization, is my employer obligated to pay for it?

2. Can my employer penalize me for working unauthorized overtime?

3. Are salaried employees entitled to overtime?

4. Can an employer require an employee to work overtime?

5. Can my employer fire me because I inquired about my employment rights?

6. How much will Girard Gibb's labor and employment law attorneys charge me?

 

1. If I work overtime without authorization, is my employer obligated to pay for it?

Yes, California labor law requires that employers pay overtime, whether or not it is authorized. Overtime pay is one and one half times the regular rate of pay for all hours in excess of eight, up to and including 12 hours in a workday. After 12 hours, the employee is compensated at double the regular rate of pay.

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2. Can my employer penalize me for working unauthorized overtime?

An employer can discipline an employee for violating the employer’s policy of working overtime without the required authorization. However, California labor law requires that employers pay overtime, whether or not it is authorized.

RETURN TO TOP

3. Are salaried employees entitled to overtime?

It depends. A salaried employee must be paid overtime unless they meet the test for exempt status as defined by federal and state laws, or unless they are specifically exempted.

RETURN TO TOP

4. Can an employer require an employee to work overtime?

Yes, an employer may dictate the employee’s work schedule and hours. Under most circumstances, the employer may discipline an employee, up to and including termination, if the employee refuses to work scheduled overtime.

RETURN TO TOP

5. Can my employer fire me because I inquired about my employment rights?

No, it is illegal for your employer to discriminate or retaliate against you for inquiring about your rights, safety concerns or overtime pay. Retaliation may include the threat of or actual termination, demotion, suspension, or harassment.

RETURN TO TOP

6. How much will Girard Gibb's labor and employment law attorneys charge me?

Nothing. Our labor and employment law attorneys do not charge our clients for bringing a lawsuit.

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Why Girard Gibbs LLP?

Girard Gibbs is a San Franciso-based law firm specializing in employment and labor law, securities litigation, consumer class actions and complex business litigation. Our California labor and employment attorneys are knowledgeable about employee rights under federal and California employment law, and actively pursue claims on behalf of employees whose rights have been violated. Girard Gibbs' managing partner Daniel Girard was voted one of Northern California's Super Lawyers in 2007 and 2008 by Law & Politics, recognizing him as one of the top 5-percent of attorneys practicing in Northern California.






If you would like to contact one of our California employment lawyers by mail at our California or New York offices, please write to:


Girard Gibbs LLP - San Francisco Office
c/o California Labor Attorneys
601 California Street, Suite 1400
San Francisco, California 94108


Girard Gibbs LLP - New York Office
c/o New York Labor Attorneys
711 Third Avenue, 20th Floor
New York, New York 10017

QUESTIONS ABOUT YOUR EMPLOYEE RIGHTS AND OVERTIME LAWS UNDER FLSA?

Please fill out the form below, or (866) 981-4800 to speak with a California Overtime Lawyer.

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Questions about Labor and Employment laws? Fill out the form above or email our California Employment Lawyers:

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