3 Little Known California Overtime Laws Secrets to Be Used By a Labor Attorney When Your Boss Deprives you of Overtime
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IF YOU ARE A PROFESSIONAL YOU MUST READ THIS!
Yes it’s true. We all have felt at times overworked and underpaid. But if you have 2 minutes to read this article, that could stop today- and never happen again. A labor attorney will prosecute your employer!
Secret 1: Did you know that most professionals like nurses and accountants are entitled to overtime?
Under California Overtime Laws, for the employee to be qualified as exempt under the Professional Exemption, the employer has to prove certain requirements under the California Overtime Laws.
The Professional Exemption is for the employees who are certified or licensed by the State of California and are engaged in the practice of medicine, law, dentistry, architecture, engineering, optometry, accounting or teaching. The employees also are required to spend over half of their work time engaged in an occupation which is recognized as an artistic or learned profession. Under California Overtime Laws, “Artistic or Learned” work can be work that requires an advanced knowledge in science or learning as a result of prolonged study. This work is creative in character and therefore the recognized field of artistic endeavor, which is varied in character and predominantly intellectual (as opposed to manual, mechanical, routine mental or physical work).
Secret 2: To be professional exempt you must do the following:
The employee should customarily or regularly exercise discretion and independent judgment on the job. The exemption however does not include pharmacists, registered nurses and school teachers. Under the Overtime Law in California, the employee is exempt from the requirement of overtime rate of compensation if they are primarily engaged in more than 50 percent of the work. The employee exercising discretion and independent judgment are also exempt from the overtime law requirement of overtime rate of compensation. An employee engaged in application of systems, analysis techniques and procedures which include of consulting with users or determining hardware, software or system functional application are exempt from overtime pay.
Secret 3: Employers must pay you at least this amount:
The employee is required to be full time and salaried. The monthly salary should be twice California’s minimum wage for full time employment or either it should be $1,993.33 a month. Several businesses do abuse or even fail to meet legal obligation to overtime pay. Problems arise due to the fact that there are a number of complicated exemptions and exceptions to California Labor Law Overtime. Many businesses infringe federal law (California Overtime Laws) without the intention to underpay. However, other businesses decide to take advantage of employees and their lack of knowledge of overtime law in California. Through these inventive scams, employers have egregiously cheated employees out of money that’s due (namely with overtime pay). Fortunately, through intrepid efforts of California overtime attorneys, as well as federal and state authorities, many of the scams have been identified and disputed—resulting in additional pay due the employees.
Secret 4: You must do these things to be exempt as a professional:
Under Overtime Law in California, professionals are also exempted specially it applies for those who spend over half their work time involved in exercising discretion and independent judgment. The exemption does not apply to trainees or employees in entry level positions and learning to become proficient in the field of work (regarding overtime pay).
If you are a California employee and believe you are owed Overtime or your employer has violated your rights, take action now and talk to an Experienced California Labor Attorney.
Lars Sheckton is a freelance journalist who frequently contributes and comments on California Labor Law issues and how to find a good <a href= http://www.californialaborlaw.info >Labor Attorney </a>. Get the only information about California Labor Laws that you will ever need in a <a href= http://www.californialaborlaw.info/laborlaw_ebook.pdf > Free Ebook </a>.
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