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Law Offices of Michael Tracy
"If the exemption doesn't fit, the employer must remit."

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Irvine • Burbank • San Francisco

California Overtime Law

Common Overtime Mistakes

Paid on a Salary
Paid more than $95K
Supervise two people
Comp time given for overtime
Only clocking 40 hours
Not clocking in and out
Not paying for travel time

Other Labor Violations


California Meal Breaks
California Tip Pooling Laws
California Vacation Laws

Sites of general public legal interest

ConocoPhillipsLawsuits.com

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California Overtime

California Labor Laws protect the rights of California employees to receive overtime pay for working more than 8 hours in a day or 40 hours in a week. You can still be entitled to overtime even if you are paid on a salary basis, even if your salary is $100K per year, even if your company labels you a "part time" employee, even if your company improperly labels you an "independent contractor," and even if you supervise other people. The only people who are not entitled to overtime pay are those people that meet all of the requirements for one or more of the narrowly defined Exemptions.

Overtime Occupations

Just about every occupation in California is covered by California overtime law.. If you work in any of the following types of work, you can be entitled to overtime, and employers frequently make mistakes in determining whether or not you are entitled:

Field Service Engineer Overtime
Resident Apartment Manger Overtime
Non-Profit Work
Video Game Programmers and Artists Overtime
Computer Programmers Overtime
Information Technology (IT) Workers Overtime
Nurses Overtime and Other Labor Laws for Travel Nurses
Care Providers and Personal Attendants
EMTs and Ambulance Drivers
Salespeople Overtime
Loan Officers Overtime
Truck Drivers Overtime
Piece Rate, Flag Rate, and Commissioned Overtime
Attorneys Overtime
Car washes, dry cleaners, other manual work

Think Twice Before Going to the California Labor Board

If you have thought about taking your overtime claim to the California Labor Commissioner (DLSE), you will want to read this page first. You will find that my law firm is an excellent, cost effective, alternative to both the California Labor Board and other high priced attorneys. California overtime law can be complex, especially in the IT and high tech industry and the Labor Commissioner frequently does not take the time to understand the issues.

Learn the Law

In order to best use this website, you should first read the section on the Facts of California overtime law. Next, read the section on the California Labor Law, which provides a more detailed and legal discussion.  If you are interested in going forward and wonder how a typical case might proceed, read the section on the California Labor Law Process. You can read the California Labor Law FAQ for miscellaneous questions. If you have questions, comments, or are interested in finding out more about a potential claim, you can email me or call.

This website only provides general information about California overtime laws and is not meant to be legal advice and does not serve to establish an attorney-client relationship. Any statements, on this page or elsewhere, are not guarantees of any outcome.

Additional Resources

In addition to information about California overtime law, you can also find information about various California Labor Laws on these other websites: California Meal Breaks and California Private Attorney General Act which allows you to sue on behalf of the State of California Labor and Workforce Development Agency. For a contemporary look at various employment and labor issues, you can listen to my Labor Law Radio show which covers issues including wrongful termination, hostile work environment, and other areas of California Labor Law. I periodically post news items of interest on my California Labor and Employment Law Blog.

 

©2013 Michael Tracy

This website only provides general information about the overtime laws in California and is not meant to be legal advice and does not serve to establish an attorney-client relationship. Any statements, on this page or elsewhere, are not guarantees of any outcome. Michael Tracy is a licensed attorney only in California.