All states have rules on overtime pay, but not all employees are eligible for overtime pay. It's unfortunately common for employers to misclassify their employees, and therefore, deny them of overtime pay when they deserve it.
If you are a worker in California and you believe that you are entitled to overtime pay, it is important that you understand the law when it comes to non-exempt and exempt employees. When you are aware of your rights, you will be more empowered to take action.
The rights of non-exempt employees
Workers classified as non-exempt employees have a right to overtime pay. In California, this means that you have the right to minimum wage. In addition to this, you are legally entitled to 150% of your regular hourly pay when you have worked more than 40 hours in a week. Generally speaking, you will be classified as a non-exempt employee if you are subject to an hourly wage.
Defining exempt employees
Exempt employees are not entitled to minimum pay. Workers qualify as exempt if they earn a minimum of $23,600 per year or $455 per week and if they are paid based on a standard salary rather than an hourly wage. They should also be involved in job duties that involve managerial or high-level duties.
If you believe that you have been misclassified as an exempt employee when you should be entitled to overtime pay, it is important that you build evidence that supports your claim. If you can successfully show that you should be entitled to overtime pay, you may be able to gain compensation for unpaid overtime.