California state and federal law requires that an employer pay an employee overtime of time and a half for every hour worked over 40 in a week.  This general rule applies to the vast majority of employees, regardless of whether an employer pays on an hourly basis or a salary basis.

The only time an employer can avoid paying overtime is when the employee is considered “exempt” under the federal and state laws.  Exempt employees are generally management employees or members of certain learned professions like doctors, lawyers, etc.  The important thing to remember is that job duties determine whether an employee is exempt from overtime.  An employer can’t simply designate someone exempt by choice.

Ultimately, whether an employee is exempt or not is determined by a fact-based analysis of the job duties and the position’s level of discretion in making business decisions.  It is not uncommon for employers to designate a position as “salaried” even though the position is not exempt.  Many employees assume that the employer knows the laws and is abiding by them.

Often, an employee has worked for years before finally realizing that he/she should have been paid overtime all along.  Most of the time, the employee has no solid record of the hours worked.  This is generally not an issue because the employer is required to keep records of hours worked by employees, so the responsibility falls on the employer.  An employee need only provide a good faith estimate based on a reasonable calculation.

Courts routinely order employers to retroactively pay overtime for the last 24 months of work, plus twice that amount as a penalty.  This means that you could collect three times what you should have been paid in the first place.  On top of that, attorney’s fees can be awarded by the court which your employer would also have to pay.

If you feel that you’re owed overtime, or any unpaid wages, contact The Law Office of Cliff Dean Schneider to discuss the situation.  The initial consultation is always free, and most wage and hour cases are handled at no cost to the client, win or lose.