Orange County Employment Lawyer

Overtime Exemptions

When filling out the paperwork for a new job, you may have seen the phrases “exempt employee” and “non-exempt employee.” If you are curious about what that means, this article should help.

Specifically, “exempt” means that an employee is exempt from the laws on overtime pay. State law requires employers to pay their employees 1.5 times their normal wage (also known as “time and a half”) whenever they work more than eight hours in a day. If you work over twelve hours in a single day, you are entitled to double your usual pay. If you are a non-exempt employee, then this law applies to you. If you are not being paid overtime after working more than eight hours, your employer is in violation of California employment law.

So which employees are exempt? Employees who earn a regular salary instead of hourly wages may be exempt from overtime, because they are being paid for the work they produce and not for the time they put into producing it. Of course, there are other factors involved in determining exempt or non-exempt status. Orange County employment lawyer Perry Smith can help you learn more about those factors.

Employees classified as “exempt” are not the only ones who do not necessarily earn overtime. For example, a person and his or her employer may agree to an “alternative schedule” at the time the person is hired. This is usually the case when employees work in shifts. If you agree to work twelve hour shift, for example, you will not earn overtime for working more than eight hours. You would still be qualified for overtime if you work more than the hours listed in your agreed-upon schedule, however.

If you have been denied the overtime pay that you are due, or if you have more questions about exemption and employment law, contact Orange County employment lawyer Perry Smith at (888) 356-2529 today.