One of the most common lawsuits employees take to court happens when their employers fail to pay them the proper overtime. Depending on how long the worker went overtime, the employers could be denying some much-needed extra money to the employee's bank account.
If you are not receiving extra payment for your extra work, then you have a right to file a claim against your employer. However, not all jobs in California will pay you for overtime. Before you consider taking your issue to the courtroom, you should be aware of the state's overtime laws and how it affects different workers to see if you are eligible.
Salary vs Hourly
Salaried employees are paid a fixed amount of money by the employer while hourly gets an hourly wage for every hour worked. California has a set of exemptions for who can receive overtime and who cannot. Between the two, salaried workers are less likely to receive overtime pay because their salary tends to meet the state's minimum annual payment requirements. Hourly workers are often nonexempt employees that can receive overtime, which is one and one-half times the worker's regular hourly rate for all hours worked.
Though most salaried workers will not earn more for extra hours, they tend to have an easier time with their finances since their fixed annual amount makes it easier to calculate when they review transactions. They also have a higher chance of receiving job benefits such as health care and paid time off.
Can salary workers receive overtime?
However, there are some salary workers that have exemptions to the state's laws. California's minimum annual salary is $45,760, and it will rise to $49,920 next year. If the employee's salary is below this amount, then they are not exempt from potential overtime if they make it during the week.
The state has a specific list of jobs that are exempt from overtime provisions. Some of these careers include taxicab drivers, airline employees, or radio and television stations in small towns with less than 25,000 people.
While a salaried position is preferable by many from the benefits and job security, some job seekers may not appreciate working extra hours that impede on their personal time with no payment. If you are unsure if you are eligible for overtime, contact a local employee law attorney to help you determine if you can receive it or not. If you can, California is a state that has offered many employees the opportunity to take their employers to work so they can receive their fair share.