Do you have the Inside Information Even Your Accountant May Not Know About California Overtime Pay?

Always a point of difficulty for California employers, California Overtime Law require paying daily overtime pay in addition to overtime for hours worked more than 40 per week. However, state legislature changed this overtime law at one time—eliminating daily overtime requirements. Fortunately, things quickly shifted direction and California Overtime Law was passed to reinstate the daily overtime requirements. On January 1, 2001, current daily overtime rules became effective. On August 23, 2004, California Labor Law Overtime categories called “White Collar Exemptions” were finally implemented as modifications to the FLSA (Fair Labor Standards Act). A new category was added for physicians and surgeons on January 1, 2007 under California Labor Law Overtime.
California Overtime Pay Regulations for Non-Exempt Employees: A Simple Test
An experienced California Overtime Law Attorney states, CPA firms seem to believe that just because an accountant has always been paid a salary and is considered exempt from overtime that they are exempt. If an accountant is not directly supervising other employees or exercises a certain amount of independent discretion, they may be entitled to overtime under California Overtime Law.” When it comes to California Overtime Law, the Golden State has the most restrictive labor code in the nation. However, there are laws to protect employed residents. Individuals have the right to investigate regulations that apply to California Overtime. The California rules for non-exempt accountants should give one an idea of certain issues at stake. For the California resident, various questions can be considered in determining accountants’ classifications.
The attorney adds, “The California courts as well as other courts across the nation have broken down the beliefs that jobs traditionally considered exempt from overtime are actually exempt. Each job description and actual tasks performed by professionals such as accountants, and others must be examined carefully to make that determination.” California Overtime Law requires that non-exempt accountants be paid overtime for over eight hours worked in a day, or more than 40 hours worked in the week. While some salaried accountants may be exempt, depending on their duties many may not be. Accountant that do not maintain a CPA license, are not automatically professionally exempt in California and therefore may be entitled to very large sums of overtime wages accumulated from the past 3 and sometimes for years. Furthermore, double-time overtime pay must be paid for hours worked over twelve in one day or in excess of eight on the seventh consecutive day within the workweek. California Overtime regulations are contained in Wage Orders issued by part of the Department of Industrial Relations referred to as the Industrial Welfare Commission. Under California Overtime Law, employers are required to post the minimum wage and overtime regulations in a prominent place frequented by accountants and other employees.
A common misconception is that an accountant can work more hours on one day and take compensation time, or compensatory time off on a different day. An employer has the ability to be flexible with the accountants with regard to their time. California Labor Law Overtime still requires overtime to be paid if the amount of hours on the day the accountant works longer goes more than eight hours. If an employee refuses to work the overtime and that refusal is not secured by overtime law, the employer can actually fire the employee. Fortunately, an accountant employed who feels he/she has been unlawfully discharged, should speak with an attorney immediately.

Kathleen Armitage is a freelance journalist who frequently contributes and comments on California labor issues. Learn more by visiting web sites such as California Attorney and Los Angeles Lawyer

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