On behalf of Sullivan Law Group APC on Wednesday, May 23, 2018.
Many workers are more than happy to work a little overtime for the extra money. California law stipulates employers must pay their workers their wage and a half for anything in excess of eight hours. If employees work more than 12 hours a day, they should receive double their standard wage.
To many employees’ dismay, they receive their paycheck only to discover their supervisors did not pay them overtime. It is vital to bring this discrepancy to the employer’s attention because it could be an honest mistake. However, if your boss gives you one of the following excuses, then you should consider meeting with an attorney to review your options.
You are an independent contractor
Many employers classify workers as independent contractors to benefit when tax time comes around. However, in many cases, independent contractors are actually employees. If your boss requires you to be at a certain place at a certain time and forbids you from taking work with other companies, then you are an employee.
You are not on the clock
In some industries, the boss will want workers on-hand just in case but will forbid them from clocking in until duties come up. If you are in the office building, then you can absolutely clock in. You deserve to receive compensation for your time even if it involves waiting around.
You are a salaried employee
There are many benefits to having a salary compared to an hourly wage, but you need to still make a certain amount per week to not qualify for overtime. A couple years ago, Congress passed a law that increased the salary amount employees must make to be ineligible for overtime from $23,660 to $47,476.
Therefore, if your salary is less than $47,476 annually, then your boss still needs to pay you overtime for any extra hours. Bring pay stubs and a record of all hours you worked to an attorney if you feel your employer has unfairly paid you.