Category Archives: overtime

Personal Attendant Exemption From Overtime Eliminated

California law regarding the employment of domestic workers has changed.  California Governor Jerry Brown has signed into law the Domestic Workers Bill of Rights, which creates California Labor Code sections 1450 to 1454.  These sections eliminate the “personal attendant” exemption from … Continue reading

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More American workers sue employers for overtime pay – Overtime – San Diego Employment Lawyer – 619.202.0264

Americans were pushed to their limit in the recession and its aftermath as they worked longer hours, often for the same or less pay, after businesses laid off almost 9 million employees. Now, many are striking back in court. Since … Continue reading

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Do I Receive Overtime If I work On Holidays? San Diego Employment Lawyer – 619.202.0264

Yesterday, I received the following question on my website: “My employer wants me to work on Christmas Day and on New Year’s. Do I get to ask my employer to pay me overtime or double time if I work on … Continue reading

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Is Your Exemption From Overtime Appropriate? San Diego Employment Lawyer – 619.202.0264

I received several questions over the past month regarding proper exemption from overtime requirements. The question that begs itself here is am I properly exempt from overtime and therefore I am not legally entitled to receive overtime compensation since my … Continue reading

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Tricks Used By Employers To Avoid Paying Overtime

Some employers, in an attempt to cut costs, use illegal tricks to avoid paying overtime. As an employment attorney, I’ve seen lots of maneuvers, but below are the 10 most common tactics that I’ve seen employers use to cheat workers … Continue reading

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OVERTIME – If an employee works unauthorized overtime is the employer obligated to pay for it? San Diego Employment Lawyer – 619.202.0264

If an employee works unauthorized overtime is the employer obligated to pay for it? The simple answer is Yes. California law requires that employers pay overtime, whether authorized or not, at the rate of one and one-half times the employee’s … Continue reading

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OVERTIME – Calculating “Regular Rate of Pay” – San Diego Employment Lawyer – 619.202.0264

The following are examples of how to calculate the regular rate of pay: If you are paid on an hourly basis, that amount is the regular rate of pay. If you are paid a salary, the regular rate is determined … Continue reading

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OVERTIME – What is the “regular rate of pay,” and how is it determined? San Diego Employment Lawyer – 619.202.0264

Overtime is based on the regular rate of pay, which is the compensation you normally earn for the work you perform. The regular rate of pay includes a number of different kinds of remuneration, such as hourly earnings, salary, piecework … Continue reading

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California Overtime – In General – San Diego Employment Lawyer – 619.202.0264

In California, the general overtime provisions are that a nonexempt employee 18 years of age or older, or any minor employee 16 or 17 years of age who is not required by law to attend school and is not otherwise prohibited by … Continue reading

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Overtime Compensation Due When An Employee Suffers or is Permitted to Work – San Diego Employment Lawyer – 619.202.0264

California Wage and Hour Law is set forth under theLabor Code and Wage Orders of the Industrial Welfare Commission . Unlike the FLSA, no “commerce” requirement exists for coverage under California’s wage and hour laws; FLSA require only an employment relationship. … Continue reading

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