Federal and state laws generally require an employer to pay a nonexempt employee wages at a higher rate of pay when the employee works in excess of a specific amount of hours in a work period.
Federal and state laws may differ on how employers are to compensate employees for the time that they work.
Federal law requires employers to pay nonexempt employees one and a half times the employee's regular rate of pay for all hours they work in excess of 40 hours in a workweek. An employee is entitled to be paid the legal overtime pay rate even if he or she agrees to work for a lower rate.
California law requires employers to pay nonexempt employees one and a half times the employee's regular rate of pay for all hours an employee works in excess of eight hours up to 12 hours in a workday, all hours in excess of 40 hours in a workweek, or any hours up to eight hours on a seventh consecutive day of work in a workweek.
California law generally requires employers to pay non-exempt employees two times the employee's regular rate of pay for all hours an employee works in excess of 12 hours in a workday or any hours in excess of eight hours on a seventh consecutive day of work in a workweek. An employee is entitled to be paid the legal overtime pay rate even if he or she agrees to work for a lower rate.
A complex set of federal and state statutes governs payment of wages. Federal law sets the minimum standards for an employer, but state laws may create higher standards. Numerous exceptions exist which alter an employer's duties for payment of wages. To navigate the complex statutes regarding payment of wages, an employee needs to speak to an experienced attorney who is familiar with the law in this area.
If you believe that your employer has failed to follow the law in payment of your wages, contact Lavi & Ebrahimian, LLP, today for a free consultation. Our experienced employment attorneys will evaluate your options under the law and can help you obtain the most complete relief possible.
