Overtime Compensation
Overtime compensation refers to the additional pay that an employee receives for working beyond their regular working hours or for working on designated holidays or weekends.
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What are Overtime Compensation Laws?
Employees who work during their “spare time” are entitled to overtime compensation. It’s also a mechanism to ensure that businesses don’t compel employees to work excessive hours and don’t hire new employees who may be due benefits even if they’re paid the same.
Overtime is governed under California Employment Code 510. A day’s work is defined under the legislation as eight hours of effort. It goes on to say :
Any additional work done in excess of eight hours in a single workday, 40 hours in a single workweek, and on the seventh day of work, the first eight hours that an employee works in any one workweek, the employee is entitled to reimbursement from the employer at a rate of one and a half times the regular rate of pay.
Any additional work done in a single workday that exceeds 12 hours is entitled to reimbursement by the employer at twice the standard rate of his or her salary.
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California's Overtime Laws: Any Exceptions?
Yes, there are exceptions to California’s overtime laws. Here are a few examples:
In California, most employees who are 18 years old or 16 and 17 years old who have the legal authority to leave school to work, including certain salaried employees, are entitled to overtime compensation.
So, in order to answer this issue more precisely, analyze who is not qualified for overtime compensation.
The following personnel does not have an entitlement to enhanced overtime pay:
On-call overtime eligibility
Whether or not you are entitled to overtime pay for on-call work will depend on the specific circumstances of your job and your employer's policies.
FLSA's overtime eligibility for on-call work
If your on-call time is considered "working time" under the Fair Employment Standards Act (FLSA), you may be entitled to overtime pay if you work more than 40 hours in a workweek.
State overtime pay laws
State laws may also impact whether or not you are entitled to overtime pay for on-call work, so it is important to check your state's laws and your employer's policies to determine your rights to overtime pay for on-call work.
FLSA Overtime Pay
If your on-call time is not considered working time under the FLSA, you may not be entitled to overtime pay for that time.
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Can you do Overtime for On-Call Work?
If you are an hourly employee and your on-call time is considered to be “working time” under the Fair Employment Standards Act (FLSA), then you are generally entitled to overtime pay if you work more than 40 hours in a workweek. The FLSA considers on-call time to be working time if you are required to remain on your employer’s premises or so close to the premises that you cannot use the time effectively for your own purposes.
If, however, your on-call time is not considered to be working time under the FLSA, then you may not be entitled to overtime pay for that time. For example, if you are allowed to be at home or out in the community during your on-call time and are only required to respond to calls if they come in, you may not be entitled to overtime pay for that time.
It is important to note that state laws may also impact whether or not you are entitled to overtime pay for on-call work. Some states have more stringent overtime laws than the FLSA, so it is important to check your state’s laws and your employer’s policies to determine your rights to overtime pay for on-call work.
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Which Questions To Consider When Filing An Overtime Compensation Claim?
Determining whether you have an overtime compensation claim will depend on various factors, including the specific circumstances of your job and your employer’s policies. Here are a few questions to consider:
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