When a collective bargaining agreement is in place, an important exception to California wage and hour laws exist. Section 514 of the California Labor Code operates to exempt employees from a overtime pay if a collective bargaining agreement is in place. It expressly states that “Sections 510 and 511 do not apply to an employee covered by a collective bargaining agreement if the agreement expressly provides for the wages, hours of work and working condition of the employees . . . .” There must also be a regular hourly rate of pay for those exempt workers that is not less than 30% more than California’s minimum wage.
Collective Bargaining Agreements Control Overtime
Section 514 is a critical exemption. It allows an employer and the beneficiaries of a collective bargaining agreement the opportunity to determine what overtime hours might or might not be. So long as that collective bargaining agreement is valid and enforceable, courts are not going to deviate from it.
The overtime pay issue is continually at issue in a large number of employment law cases. If you believe that your employer is somehow circumventing mandatory overtime payment laws, contact our offices for a consultation with a knowledgeable and experienced employment law attorney.
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