The question of whether an employee is entitled to compensation for overtime has been hotly disputed and the issue of recent disputes California. The main reason behind her is the fact that if an employee is entitled to overtime pay is a factual inquiry that depends specific facts and circumstances of its use.
There are, however, several hard principles that are important to know in terms of pay for hours Further, if you are an employer or an employee
1. Overtime pay can not be waived. Any agreement between an employee to waive overtime pay or accept less than the statutory rate is due it is invalid and unenforceable. In other words, even if the employer and the employee sign a written agreement in which they will agree that the employee will not seek compensation overtime, the employee will still be able to sue and win by requiring later payment overtime for hours worked in excess of the legal work week.
2. Pay rates for overtime – in California, the employer must be used one day and a half times its "normal" rate for each hour worked above 40 hours per week, or for any work performed beyond 8 hours per day. The employer must pay double time when the employee works more than 12 hours a day. Under state law, the wage rate Regular is calculated by dividing the weekly salary by 40 hours or regular work week. Price includes regular bonuses and commissions that the employee can be a winner in his salary. That the Commission is paid on a basis other than weekly, and that payment is delayed for a time the pay day employee's regular pay period or does not relieve the employer of such payment, including the standard rate of the employee.
3. Some employees are exempt from additional laws. Under federal law, workers employed in a bona fide administrative capacity or professional services are exempt from overtime pay.
Certain types of employees are also exempt regulation of overtime as a matter of law. This includes an amusement park / employees of theme parks, outside sales people, seamen, criminal investigators, computer systems analysts, caregivers and personal attendants.
If are negotiated through collective bargaining agreement, employers May require employees to work more than 40 hours per week without pay overtime, provided that no more than 1040 hours are worked during any period of 26 consecutive weeks, or not more than 2240 hours are worked during any period of 52 consecutive weeks. In addition, the rule of law further does not apply to employees covered by a collective agreement that provides for an hourly rate at least 30% more than the minimum wage and premium pay rates for overtime.
4. The time that counts for overtime than regular hours of work: standby or "on demand" time may be compensable under federal law if it is mainly spent for the benefit of the employer and its business. Of course, it depends on circumstances each case. Under California law, an employee must be paid for the time considered to be in use while on the premises Employer.
Just time for preparation and installation may also give rise to compensation if such activities are an integral part Principal activity of the worker, such as lubrication, cleaning and oiling a machine running before using it in the context of tasks.
Travel and travel time between home and work is generally not compensable under the Portal to Portal Act. Even if the employer provides a vehicle for the use of the employee during the commute does not make travel time compensable.
The meal period generally not compensable if the employee is exempt from all duties. If, however, the employee may not leave the place work (employees of gas stations, 7 / 11, etc. ..), the meal period is considered as working time for overtime, even if the employee is excused from all work duties during the meal.
Training – Time spent in courses, training programs or meetings is not compensable if (i) attendance is outside normal working hours, (ii) voluntary, (iii) the session includes materials are not directly related to employment of the employee, and (iv) if the employee does not perform any productive activity work during the session.
No. of seven weeks of work per day – The California law provides that every employee is entitled to a rest day in September and is prohibited employers to require employees to work more than six days out of seven consecutive days. This seventh day off requirement does not apply when the employee works less than 30 hours per week or six hours a day during the week.
5. Taking time off in lieu of overtime – Under of California law, employers may not require employees to take leave in lieu of compensation for overtime. But employees the right to seek compensatory time off at a rate of one and a half past one off for each hour of overtime worked provided that a written agreement which establishes the agreement before execution of work.
Arkady Itkin
California Employment Attorney
San Francisco – Bay Area – Sacramento
http://www.arkadylaw.com
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