In the state of California, if you are over the age of 18 and work more than eight hours a day or 40 hours a week, you are entitled to overtime compensation. You can work more than eight hours a day or six days in a row, provided you are paid overtime compensation equal to:
- One and a half times the regular rate of pay for any hours worked over 40 hours in a week
- One and a half times the regular rate of pay for any hours over eight hours in one day
- Double the regular rate of pay for all hours worked above 12 hours in one day
- Double the regular rate of pay for all hours in excess of eight hours, when working the seventh consecutive day in a work week
If you live in San Francisco or Sacramento and you think you are entitled to overtime compensation and are not receiving it, you should contact an overtime lawyer at Kingsley & Kingsley, who may be able to help you recover unpaid overtime compensation.
Exemptions to receiving overtime compensation
There are some exemptions and exceptions to qualifying for overtime compensation. An exemption means that overtime laws do not apply to you, and an exception means that overtime compensation is paid on a basis that is different from the law.
Exemptions based on profession
Certain types of employees may not qualify for overtime pay. An exemption based on a profession applies to any administrative, executive, or professional employee who is paid more than $640 a week and has certain specified job duties.
Other kinds of professionals who are not qualified for overtime as employees include:
- Executives whose duties involve:
- Management of the company
- Regularly directing the work of two or more employees
- Hiring, firing, and promoting employees
- Administrative employees who:
- Perform office or non-manual work that is directly related to the management or general business operations of the company
- Work in the administration of a school system or educational institution, in work directly related to instruction or training
- Regularly exercise discretion and judgment, under general supervision
- Regularly and directly assist an employee in an executive or administrative capacity
- Perform work along specialized or technical lines that require special training, expertise, or knowledge
- Professionals who:
- Are licensed or certified in the state of California to practice a profession—such as a lawyer, a doctor, an architect, a teacher, or an accountant
- Work in a field requiring advanced training
- Earn a salary at least two times the monthly minimum
If you are not sure whether your profession exempts you from overtime, you should speak with overtime attorneys who can help you determine whether you are entitled to overtime.
Contact us about your overtime compensation claim
An overtime lawyer at Kingsley & Kingsley can help clients in San Francisco and Sacramento determine whether you have been misclassified as an independent contractor, and have not received overtime compensation to which you were entitled. Contact us today.