It’s a common misconception among employees that you don’t get overtime pay if you’re paid a salary. Fortunately, this is not always the case.
To be exempt from overtime pay requirements under California law, an employee must be paid a salary of not less the twice the minimum wage and spend at least 51% of her time engaged in so-called “non-exempt” tasks.
This means that if you’re paid a salary, but spend 51% of your time is spent doing “non-managerial” work, you have a right to paid for overtime. If you’re paid a salary of less than $45,760, you have a right to be paid for overtime. If your employer requires you to accept paid time off in exchange for overtime work, you have a right to be paid for overtime.
If this sounds like your job, you may be entitled to overtime pay at 1.5x your hourly rate (and even 2x in some instances) whenever you’ve worked more than 8 hours a day, 40 hours a week, or seven consecutive days. Contact our experienced employment attorneys today for a free consultation about your case.
Julian Burns King graduated with honors from Harvard Law School and founded King & Siegel in 2018. As head of the Firm’s discrimination and harassment practice areas, she champions the rights of working parents and victims of workplace discrimination and harassment. She has been recognized as a “Rising Star” by Super Lawyers annually since 2018 and has recovered tens of millions of dollars on behalf of her clients.