Updated on April 19th, 2023
California and federal law are unambiguous in terms of overtime pay.
- If an employee works more than eight hours a day, they will receive 1.5 times pay for the extra hours.
- If an employee works more than twelve hours a day, they will receive double pay for the extra hours.
- If an employee works more than 40 hours a week, they will receive 1.5 times pay for the extra hours.
Exempt employees are excepted as they are paid on a salary rather than per hour. Exempt employees can include managerial, administrative, or professional workers. Many employees are misclassified as exempt, and they should be receiving overtime pay, meal breaks, and rest breaks. Even people who perform managerial or administrative tasks are not considered exempt unless 51% of their time is spent performing those tasks.
Sometimes unpaid wages occur due to honest mistakes and employers not knowing the law. Commissions are frequently miscalculated due to ignorance. Overtime should be calculated by the hourly rate plus the commission or production incentives. Any performance incentives, such as commission or production incentives are to be treated in the same way. Contact Nakase Accident Lawyers and Employment Attorneys for a free consultation. We will listen to your case and be able to tell you if you are entitled to backpay and if your earnings should be increased moving forward.
Brad Nakase, Attorney
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Business Trial Lawyer since 2005. Proven Results.