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

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My company is based in Florida, but I work in California. My company policy is that I only get overtime after 40 hours in a week because that is the law in Florida, is this legal?

No. It does not matter where the company is based. It does not matter where the company headquarters are. It does not matter what State the company is incorporated in. It does not matter if it is a foreign company. The only thing that matters is that if you work in California you are covered by the California Labor Code. All of it -- minimum wage, overtime, vacation pay, meal breaks. As such, you are entitled to overtime if you work more than 8 hours in a day, even if you do not work more than 40 hours in the week.

My company policy is that vacation pay must be used by the end of the year or it is lost. The company stays this is legal because it is based in Alabama. Which laws apply, California's or the State where my company is based out of?

If you work in California, you are covered by the California Labor Code. It does not matter where your company is "based" out of. As such, under California law, a "use it of lose it" policy is illegal. This is true even if you are the only employee in California and there are thousands elsewhere.

 

 

Overtime Updates
January 2017: New minimum wage laws and overtime exemptions
December 2016: New federal regulations for overtime create confusing issues for California workers
New Computer Professional Law wage increase Jan 01, 2015
August 2013: Unpaid internships are illegal.
April 2013: California's executive exemption defined.
California Labor and Employment Law Blog
Meal Break violations can extend back four years
Information Technology (IT) overtime.
VIDEO LINK: Michael Tracy discusses Liquidated Damages for Overtime (QuickTime 6MB)
©2016 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. Please note that labor laws are constantly changing and being interpreted by the courts and you should consult with an attorney to ensure that you have the most up-to-date information. Any statements, on this page or elsewhere, are not guarantees of any outcome. Michael Tracy is a licensed attorney only in California.