There are exempt and non-exempt employees for purposes of overtime and double time pay under section 510 of the California Labor Code. If an employee is working pursuant to one of the following, he or she is an exempt employee:
- An alternative work week schedule pursuant to section 511 of the Labor Code.
- An alternative work week schedule pursuant to a collective bargaining agreement pursuant to section 514 of the Labor Code.
- An alternative workweek schedule to which section 510 is inapplicable pursuant to section 564 of the Labor Code.
Non-Exempt Employees
Most people are non-exempt employees under section 510. In pertinent part, section 510 of the California Labor Code states as follows; “Eight hours of labor constitutes a day’s work. Any work in excess of eight hours in one workday and any work in excess of 40 hours in any one workweek shall be compensated at one and one-half times the regular rate of pay of an employee. Any work in excess of 12 hours shall be compensated at the rate of twice the regular rate of pay for an employee. In addition, any excess of eight hours on any seventh day of a workweek shall be compensated at the rate of no less than twice the regular rate of pay of an employee.”
A typical alternative work week schedule might consist of four ten-hour days. An employer’s failure to compensate employees for overtime and double time that an employee has earned is a common occurrence. If you believe that you are owed overtime pay from your employer, and you have not been paid accordingly for that time, contact us for a consultation with a quality California employment law lawyer.
Contact our California Labor and Employment Lawyers today.
