Overtime Pay Basics


Overtime pay is additional compensation for working over 40 hours a week and, in California, over 8 hours in a day. Whether someone should receive overtime pay depends on the work that they do, but these general rules apply to all employees: The overtime laws are designed to protect employees, and the courts construe them to give employees the maximum protection. Employees are presumed to be entitled to overtime pay, and, under California and federal law, the employer, not the employee, has the burden of proof to show that it properly paid the employee. An employee's right to overtime pay does not depend on whether an employee is salaried. Many salaried employees are entitled to overtime pay. Work activities, not job titles and responsibilities, govern whether you are entitled to overtime pay. In California, the law looks to what employees do over half their work time. While employers sometimes give employees untrue job titles for the purpose of avoiding overtime pay, this does not affect employees' overtime rights.





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