California Overtime Lawyer: Just Because You Get Paid A Salary Doesn't Mean You Can't Get Overtime


One of the most common urban legends in California wage and hour law is the belief that people who are paid a salary are not entitled to overtime. Fact is, many California employees who are paid a salary are also entitled to overtime pay. You are entitled to overtime pay under California law unless you meet all of the requirements for one of the Exemptions.

Under California wage and hour laws, overtime is defined as any hours worked over 8 hours in a day or 40 hours in a week. There is an exception if your company has instituted a bona fide alternate work week where you normally work 10 hour days, 4 days a week. In this case the overtime is after 10 hours rather than 8, but still after 40 hours in the week. This alternate work week has to meet certain requirements and it can not be done on a person by person basis.

Unless you fall under an Exemption, California law requires that all hours worked over 8 in a day or 40 in a week or worked on the 7th consecutive day of a work week be paid at 1 and