California and Federal laws require employers to pay most employees overtime for time worked beyond eight hours in a day and/or 40 hours in a week. These requirements apply to both salaried and hourly employees.
Many employers try to avoid the overtime laws by misclassifying their employees as exempt from overtime. Often, employers simply fail to pay overtime to salaried employees because they do not understand the law-or because they simply do not want to pay their employees overtime. This type of misclassification of employees can result in large claims for overtime that is due, and may result in a class action being filed on behalf of a group of employees.
The test to determine whether a particular employee is eligible for overtime focuses on whether he or she is "exempt" from the overtime laws. Generally speaking, an employee is exempt if he or she falls within one of the following categories:
- Executive employees;
- Administrative employees; and
- Professional employees
Because the test to determine whether an employee is exempt from overtime is both technical and complicated, it is important that you choose an attorney who has successfully litigated these tests. At Sundeen & Salinas, we have litigated many overtime claims and are very familiar with the overtime laws.
If you have a question about your legal rights, or wish to speak to an attorney about your situation, please call us today at 510-663-9240, or contact us online to discuss your legal rights.