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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 > CALIFORNIA OVERTIME LAWYERS

California Overtime Lawyers

Are you properly paid for overtime work?

Under California labor law, most employees are entitled to overtime pay, unless they are classified as "exempt." Unfortunately, not all employers comply with overtime law requirements.

Overtime and California Labor Law

Under California labor law, any work beyond 8 hours a day is considered overtime and should be paid at one and a half times the regular rate of pay. Sometimes employees can elect to work 10 hours per day without receiving overtime. However, any work beyond 40 hours in a work week must be paid at time and a half. An employee who is non-exempt from overtime can also receive double time if working more than 12 hours in a workday. Employees are also entitled to receive on time payments in a timely manner.

If a California employee works all seven days of the workweek, all work performed on the seventh day is considered overtime under California labor law and should also be paid at one and a half times the regular rate of pay. Any work beyond 8 hours or the seventh day should be paid as doubletime. This is true regardless of how many hours the employee worked in the preceding six days.

Learn more about California labor law

Learn more about overtime and the FLSA

Overtime and Exempt Employees

Certain employees are legally “exempt” from overtime laws and are not entitled to overtime pay under federal and California labor law. These employees usually fall within three categories: executive, professional, or administrative. Other employees are considered “non-exempt,” meaning they must receive overtime pay.

Employers sometimes misclassify workers as "exempt" to avoid paying them overtime or other benefits. This is often done by giving an employee an executive or managerial title that mischaracterizes their actual work. To be considered a manager under federal or California labor law, an employee must perform managerial duties. Job title or salaried pay does not necessarily determine whether you are exempt.

Learn more about exempt vs. non-exempt employees.

Contact a California overtime attorney.

What can I do if I believe I was not paid overtime pay?

If you believe your employer violated California 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 free consultation with a California overtime lawyer.

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 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.






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
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New York, New York 10017

QUESTIONS ABOUT YOUR LABOR RIGHTS AND OVERTIME LAW?

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