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Does my employer have to pay me overtime if I am on a salary?

On Behalf of | Dec 17, 2021 | Wage And Hour Violations, Wage Theft

Some employers try to override the law by making their own rules when it comes to overtime. While your employer can make you work over your regularly scheduled hours, it does come at a price.

The California Department of Industrial Relations explains overtime pay laws are mandatory. Unless you are exempt, your employer must pay you overtime. Being a salaried employee does not exempt you from this requirement.

Overtime for salaried workers

If you earn a salary, the only alteration in overtime pay for you versus an hourly wage worker is how to calculate the payment amount. To determine the pay rate for overtime hours, your employer must figure your regular hourly pay.

Your regular rate of pay is the amount you receive for working 40 hours a week. To figure this, you take your annual salary total and divide it by 52. Take the amount you get and divide it by 40. This gives you your hourly rate to use to figure overtime pay.

Overtime pay rates

The overtime rule in California says your employer must pay you one and a half times your hourly rate for any hours over eight you work in a day or for all hours worked past 40 in a week. This is why you need to have your hourly rate. Your employer would need to calculate the overtime pay using the hourly rate you normally earn.

Also, be aware that you may also be eligible for double your rate of pay if you work over 12 hours in one day. Double time rates also apply if you work over six days in a row. Starting on the seventh day of consecutive work, you will get double-time pay for all hours over eight.

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