Do You have the 3 Secrets Your Employers has when it Comes to California Overtime and Penalties?

Employers are profit driven. If you are able to secure much more compensation under the law from your current past and past employers through overtime pay, would you? Sure you would. If you are able to spare 3 minutes of your time to read this article, you will have the knowledge to pursue the maximum overtime pay possible under California Overtime Law.
Secret #1 California Overtime Law is slanted to favor the Employee.
The judicial courts construe overtime laws to give employees the maximum protection. Under the California Labor Law Overtime, employees are supposed to be entitled to overtime pay. California Overtime Law declares that the employer—not the employee—has the burden of proof to show it properly paid the employee. With California Labor Law Overtime, an employee’s right to overtime pay doesn’t depend on whether an employee is salaried. In short, many salaried employees are actually entitled to overtime pay.
Of a matter of fact, neither job responsibilities nor jobs govern whether one is entitled to overtime pay. As part of California Overtime regulations, overtime looks to what employees do over half their work time. While employers at times give employees untrue job titles for the purpose of avoiding overtime pay, this certainly doesn’t affect California Overtime rights of employees. Overtime Law regulations state that an employer must pay overtime pay unless it can prove an employee is “exempt” from the overtime requirements. Keep a log of what exact duties you do and how much each takes you to perform. If over 50% of these tasks are non-exempt duties ie. Filing, answering phones, etc. you many be entitled to overtime. To be sure, however, be sure to talk to an Overtime Pay attorney.
Secret #2 When Claiming California Overtime and Penalties.
It’s vital for employees—as well as employers—to be current with the latest labor laws and overtime pay laws. Employees who are not educated on current overtime pay laws are not receiving fair wages. Employers who are knowledgeable with the overtime laws can be fined heavily and ultimately sued. Currently, in the state of California, non-exempt employees are required, by law, to receive overtime pay. Non-exempt or non-professional employees are those who receive hourly wages. These employees are subject to wage and hour laws. Employees who fall into the exempt status are not subject to the overtime law regulations.
If the employer willfully violates any overtime provisions, an employee (claimant) may file a complaint with the judicial court, and may be eligible to recover unpaid overtime pay, interest, attorney’s fees and waiting time penalties in an amount no more that 30 calendar days of additional pay.
Determine if your employer has been sued before on these same overtime issues. If so , a case may be able to be made that future violations were willful. Gather up this information and speak to a qualified California overtime law attorney to determine if you have a claim.
Secret #3 Additional Penalties You May Be Able to Get Your Boss to Pay
Employers failing to observe California Overtime regulations can be assessed certain penalties under California Labor Law Overtime in the amount of approximately $50 per unpaid worker for each pay period the employee was not paid correctly. One compliant by a single employee can trigger an extensive review of an employer’s records. This can potentially result in penalties if any employee pay calculations are not within compliance.
There are only two exceptions to the overtime pay requirements. Employees working under a collective bargaining agreement which provides for overtime pay. This specifies that the employer will receive at least 30% above the state minimum wage. The second exception is where employers execute an “alternative work week schedule”, and that particular schedule receives approval of 2/3 of their work force. This permits employees to work four day shifts up to ten hours without receiving overtime, so long as the total hours don’t exceed 40 hours. It is best to talk to an attorney before proceeding to be sure you have a claim.

By: Kathleen Armitage

Kathleen Armitage is a freelance journalist who frequently contributes and comments on California labor issues. Learn more by visiting web sites such as || Overtime and California Labor Law||

Article Source: http://www.wellnessarticlelibrary.com

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