California has several requirements in place that allow employers to exempt employees from overtime pay, and while working on a salary is one, it is not the end-all, be-all of conditions. Salaried employees can still receive overtime pay, as long as they don’t meet California’s other conditions for being exempt.
Unfortunately, some employers are quick to deny salaried employees overtime compensation, often by misrepresenting them or misclassifying their status.
California employees who need help understanding overtime pay and how it works in California can turn to our Los Angeles overtime violation lawyers for help. We can break down your right to fair pay and push back against attempts to violate that right.
What Is Overtime in California?
Los Angeles wage and hour violations lawyers recognize “overtime” as the amount of time that employees across non-exempt industries work, exceeding the standard 40 hours established in Labor Code 510. Employees who work for more than eight hours a day or who work more than 40 hours a week are entitled to time-and-a-half pay, or more, for those extra hours.
The state’s wage and hour laws, as established in the Employment and Labor Codes of California, declare that non-exempt workers benefit from certain protections. Those protections not only ensure overtime pay for salaried employees but also protect their right to meal breaks and mandatory rests, regardless of what an employer says or believes.
However, some professionals are exempt from overtime protections. Salaried employees can fall into either the exempt or non-exempt categories, depending on whether or not they meet additional qualifying criteria.
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Are Salaried Employees Exempt From Overtime?
Your employer might assume that you’re exempt from overtime pay, or claim that you don’t benefit from protections under California law, but this is not correct. Being salaried is not the only standard by which the state determines who can benefit from overtime pay and who can’t.
Your employer will need to prove that you meet the legal standard established in the California Labor Code if they want to argue that they do not have to pay you for your overtime labor. That’s how salaried workers and overtime pay work in California.
What’s more, employers can’t have you sign anything stating that you’re exempt from overtime pay. Even if you do sign something asserting your exemption, the law will not recognize you as exempt from overtime pay unless you are, for example, a white-collar employee who makes at least twice California’s minimum wage.
When Is an Employee Exempt From Overtime?
Employers can argue that certain employees are exempt from overtime pay protections when those employees:
- Participate in professional, executive, and/or administrative duties throughout the bulk of their work day, with at least 50% of their workload falling into this category.
- Receive pay that exceeds California’s minimum wage twice over while working a 40-hour work week.
- Navigate a workplace with independent judgment, often as a manager or legally recognized authority figure within the workplace.
There are also some professionals who are automatically exempt from the state’s overtime protection. For example, anyone working to design computer software may be exempt. Additionally, government employees and employees at the University of California are exempt from overtime protections.
What Can a California Employment Lawyer Do for You?
If your employer refuses to recognize your right to overtime compensation, you have the option to:
- Pursue a claim for compensation through the Division of Labor Standards Enforcement
- Sue your employer for your missing wages
Both processes get easier when you’re working with a Los Angeles employment lawyer. Our legal team can help you gather the evidence you need to prove that you are not exempt from overtime protections and that your employer has not recognized that you’re due more money than you’ve received.
We can go on to represent you in front of the Office of the Labor Commission or California’s employment law courts. Either way, you can trust our Los Angeles employment law lawyers to clearly outline your situation and emphasize your right to financial support under California law, all without overwhelming you or leaving you vulnerable to retaliation.
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Can You Waive Your Right to Overtime Pay?
You cannot waive your right to overtime pay, not even if an employer asks you to sign away your right to overtime protections before or while you’re working for them. California law dictates that employers must recognize your right to overtime pay so long as you qualify for support.
Again, this means that you stand to receive overtime pay even if you’re a salaried worker.
Waivers will not protect employers from employment lawsuits. If you signed a waiver and think you may have jeopardized your right to overtime pay, don’t worry. You can discuss your waiver in greater detail with an experienced legal professional, then outline what steps you can take to demand compensation for the wages an employer hasn’t offered you.
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Get the Pay You’ve Earned With Help From a California Employment Lawyer
According to California employment law, salaried workers are entitled to overtime pay so long as they don’t meet any other conditions that would exempt employers from offering additional compensation. While working for a salary does satisfy one of the state’s exemption requirements, it’s not the only one employees must meet.
If your employer claims that your salary invalidates your right to overtime pay, consider contacting our employment law attorneys in Los Angeles to discuss your circumstances. We can fight back against attempts to misrepresent your right to overtime pay.
We take pride in helping California employees exercise their rights to fair treatment and compensation within a workplace. If you have questions about salaried workers, overtime pay, and how it works in California, set up your case consultation with employment law lawyers who care about you.
Call or text 213-232-3128 or complete a Free Case Evaluation form