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California DLSE Overtime Laws and Employee Misclassification

September 17, 2010

As our Anaheim, California employment attorneys have discussed recently in a blog, according to California wage and hour laws, as defined by the California Department of Industrial Relations' Division of Labor Standards Enforcement (DLSE), in the state of California, a nonexempt employee of 18 years or older, or any 16-year-old or 17-year-old minor employee who is not legally required to attend school and is not legally prohibited from working, cannot work for over 8 hours in a single day of work, or more than 40 hours in any week of work, unless they receive overtime compensation of one and one-half times their regular pay rate for any hours worked beyond 8 hours in a workday and beyond 40 hours in a week of work.

The DLSE laws state that a workday equals 8 hours of work, and an employee who works over 8 hours in a workday or over 6 days in a workweek is only permitted to do so if:

• The employee is paid no less than one and one-half times their regular pay rate in overtime for every hour worked beyond 8 hours, up to and including 12 hours in a single day of work, and for the primary 8 hours worked on the 7th consecutive workday in a week of work.
• The employee is paid no less than twice their regular pay rate in overtime for every hour worked in beyond 12 hours in a single workday and for every hour worked beyond 8 hours during the 7th consecutive workday in a week of work.

There are also a number of overtime law exemptions that employees and employers should be aware of. An "exemption" means that the overtime law is not applicable to a specific classification of employees and differs from the overtime laws stated in the above paragraph.

As our Santa Ana employment attorneys have reported in a previous blog, in recent years many employers have engaged in employee misclassification to avoid having to pay overtime, workers' compensation insurance, social security, and minimum wage among other benefits, or to comply with other wage and hour laws like providing rest breaks or meal periods that came with workers who were previously classified as "employees," or nonexempt as opposed to "independent contractors," or exempt.

Our attorneys at Howard Law, PC are committed to representing individuals who have experienced employee misclassification and other violations of California Labor Codes in cities throughout Orange County, California. Contact us today, for a free consultation about your employment rights.

California Department of Industrial Relations Division of Labor Standards Enforcement (DLSE): Overtime

Misclassification of Workers as "Independent Contractors" Rebuffed by the California Court of Appeal, California Department of Industrial Relations Division of Labor Standards Enforcement (DLSE)

Related Web Resources:

California Department of Industrial Relations (DIR): The Division of Labor Standards Enforcement