At the Law Firm of James Hawkins APLC, we believe in keeping our clients informed about important changes in the law. In this blog article, we will discuss the new overtime laws in California, which are aimed at protecting employees' rights and ensuring fair labor standards. Understanding these changes is crucial for both employers and employees to avoid any legal disputes or violations. Let's dive into the details of the Fair Labor Standards Act and how it affects overtime hours in California.
Understanding New Overtime Laws in California
The Fair Labor Standards Act (FLSA)
The FLSA establishes federal overtime regulations and sets standards for minimum wage, maximum working hours, and overtime pay. It requires employers to pay nonexempt employees one and one-half times their regular pay rate for hours worked over 40 in a workweek. California has overtime laws that are even more stringent than the FLSA, providing additional protections for employees' rights.
Determining Overtime Eligibility Under California Law
Under California overtime laws, non-exempt employees 18 years of age or older, or minor employees aged 16 or 17 who are not required to attend school, are subject to specific overtime provisions. These provisions stipulate that employees cannot be required to work more than eight hours in any workday or more than 40 hours in any workweek without receiving fair compensation for their additional hours.
Calculation of Overtime Pay: Regular Rate of Pay Explained
To calculate overtime pay, it is essential to understand the concept of the regular rate of pay. This includes various forms of compensation such as hourly earnings, salaries, piecework earnings, and commissions. It is important to note that the regular rate of pay cannot be less than the minimum wage. Additionally, if an employee works less than 40 hours in a workweek, the overtime premium is only required if they exceed eight hours in a workday.
Unauthorized Overtime: Employer Obligations and Employee Compensation
California law mandates that employers compensate employees for overtime, regardless of whether it was authorized or not. Payment for unauthorized overtime must be made at one and one-half times the employee's regular rate of pay for all hours worked more than eight up to 12 hours in a workday. Beyond 12 hours in a workday, or for work on the seventh consecutive day, the employee must be paid double their regular rate of pay.
Exemptions and Exceptions to California Overtime Laws
There are exemptions and exceptions provided by the FLSA and California law regarding overtime. Exemptions imply that certain classifications of employees are not subject to overtime regulations. Exceptions, on the other hand, refer to specific rules that differ from the general overtime requirements.
At the Law Firm of James Hawkins APLC, we are committed to keeping our clients informed about labor laws and helping them navigate any legal challenges that may arise. Contact us for expert guidance and support in matters related to overtime laws in California.