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Employees who work during their “spare time” are entitled to overtime compensation. It’s also a mechanism to ensure that businesses don’t compel employees to work excessive hours and don’t hire new employees who may be due benefits even if they’re paid the same.
Overtime is governed under California Employment Code 510. A day’s work is defined under the legislation as eight hours of effort. It goes on to say :
Any additional work done in excess of eight hours in a single workday, 40 hours in a single workweek, and on the seventh day of work, the first eight hours that an employee works in any one workweek, the employee is entitled to reimbursement from the employer at a rate of one and a half times the regular rate of pay.
Any additional work done in a single workday that exceeds 12 hours is entitled to reimbursement by the employer at twice the standard rate of his or her salary.
Yes, there are exceptions to California’s overtime laws. Here are a few examples:
In California, most employees who are 18 years old or 16 and 17 years old who have the legal authority to leave school to work, including certain salaried employees, are entitled to overtime compensation.
So, in order to answer this issue more precisely, analyze who in is not qualified for overtime compensation.
If your on-call time qualifies as “working time” under the FLSA and you exceed 40 hours in a week as an hourly employee, you are eligible for overtime pay. The FLSA considers on-call time as working time if you must remain on your employer’s premises or nearby, limiting your personal activities. However, if on-call time is not considered working time under the FLSA, you may not be entitled to overtime. This depends on whether you can be away from work and only answer calls. State laws and your employer’s policies also impact on-call overtime rights, as some states have stricter regulations than the FLSA. Consider checking both to determine your specific entitlements.
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