In California, employers are required to pay non-exempt employees for every minute that an employee works regardless of the employee’s part time or full time status and regardless of the employee’s immigration status.

The minimum wage in this State as of January 1, 2016 is $10 per hour and the corresponding overtime wage would be a minimum of $15 per hour. If your hourly rate is more than $10 per hour, your overtime rate is a minimum of 1.5 times your hourly rate.

Non-exempt employees are entitled to overtime pay for all time worked over 8 hours in day or over 40 hours in a week, whichever is greater.

Overtime pay (1.5 times the hourly rate) is also required for the first 8 hours on the 7th consecutive day worked during a work week.

Further, double time (2 times the hourly rate) is required for time worked over 12 hours in day. Double over time is also required for all time worked over 8 hours on the 7th consecutive day worked during a work week.

There are exceptions, for example, for exempt employees. On the other hand, employers cannot avoid paying overtime by simply making an employee a “salaried” employee or giving the employee a “manager” title. Certain requirements must be met by employers to avoid having to pay overtime.

If you believe your employer is taking advantage of you and not paying you in accordance with the law, contact us at (213) 213-2525 or info@GonzalezLawPC.com and we can evaluate your situation.

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