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William David Turley

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William D. Turley

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Wage & Hour

• Waste Management Class Action Settlement
• Waste Management Wage and Hour Class Action Settlement
• San Diego Wage and Hour Attorney - San Diego Wage and Hour Lawyer
• California Overtime Lawyer: Just Because You Get Paid A Salary Doesn't Mean You Can't Get Overtime
• Riverside Wage and Hour Lawyer

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News

• Bill Turley and Dave Mara at the California Supreme Court for the Largest Wage and Hour Case in California...
  Posted on 11/13/2011
• David Mara Writes Final Brief for California Supreme Court Case...
  Posted on 10/17/2009

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Library

Wage & Hour

• What If My Employer Won't Let Me Take My Meal Breaks?
• Unpaid Wages - Your Employer May Owe You A Lot of Money
• California Overtime Laws - Should I be getting paid overtime?
• Auto Deductions for Meal Periods - Auto Deduct Meal Breaks
• Can a California employee waive or release their rights to unpaid wages?

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

This website provides information to California employees and their families. We provide FREE vital information so you can make informed decisions regarding your California Overtime Case.

KNOWLEDGE IS POWER - learn your CALIFORNIA WAGE AND HOUR RIGHTS

USE THIS WEBSITE TO RESEARCH YOUR CALIFORNIA OVERTIME CASE

Our Wage and Hour Attorneys have packed this website full of pages of free information, which we constantly update. Use our website to research your Wage and Hour injury case. You will see that we have an assortment of informative and relevant wage and hour articles.

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 ½ times an employee's regular rate of pay. In addition, hours worked over 12 in a day or hours over 8 worked on the 7th consecutive day in a week are paid at 2 times the employee's regular rate of pay.

In reality, these additional requirements are difficult to meet. Many employees do not meet all of the requirements to qualify for the Exemptions.

There are some jobs which are classified as "Exempt" from California's overtime laws. However, these Exemptions are narrowly construed against the employer. Under California law, the employer bears the burden to prove that the Exemption applies.

The following are jobs which may be Exempt from California's overtime laws:

Commissioned sales employees of retail or service companies if more than half of the employee's wages are derived from commissions and the employee averages at least one and one-half times the minimum wage for each hour the employee worked.

Computer programmers who are compensated at least $37.94 for each hour worked (this represents the 2009 minimum hourly requirement - this changes every year). They must perform work that is intellectual or creative and requires the exercise of discretion and independent judgment.

Executive, administrative, professional, or outside sales employees. However, these have strict rules also.

Union employees who are covered by a collective bargaining agreement that provides for premium wage rates for all overtime hours worked by union employees.

The bottom line is many California employees mis-classify their employees. Many employers pay employees salaries even when the employee is entitled to overtime pay. Under California law you can go back 3 to 4 years in order to receive unpaid overtime monies. These unpaid wages can really add up. You may be entitled to tens of thousands in unpaid overtime. Be sure to contact a California overtime lawyer if you suspect you did not receive overtime when you should have.

Disclaimer:

This article is not legal advice. I am simplistic in order to achieve clarity. You are advised to contact a California overtime lawyer if you have concerns about whether you should have been paid overtime. As in all court cases, always tell the truth.

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The Turley Law Firm has a “State-wide” practice and accepts cases in the following California counties: Alameda County, Alpine County, Amador County, Butte County, Calaveras County, Colusa County, Contra Costa County, Del Norte County, El Dorado County, Fresno County, Glenn County, Humboldt County, Imperial County, Inyo County, Kern County, Kings County, Lake County, Lassen County, Los Angeles County, Madera County, Marin County, Mariposa County, Mendocino County, Merced County, Modoc County, Mono County, Monterey County, Napa County, Nevada County, Orange County, Placer County, Plumas County, Riverside County, Sacramento County, San Benito County, San Bernardino County, San Diego County, San Francisco County, San Joaquin County, San Luis Obispo County, San Mateo County, Santa Barbara County, Santa Clara County, Santa Cruz County, Shasta County, Sierra County, Siskiyou County, Solano County, Sonoma County, Stanislaus County, Sutter County, Tehama County, Trinity County, Tulare County, Tuolumne County, Ventura County, Yolo County, Yuba County.  The Turley Law Firm accepts cases in the following California cities:  Los Angeles, San Diego, San Jose, San Francisco, Fresno, Long Beach, Sacramento, Oakland, Santa Ana, Anaheim, Bakersfield, Riverside, Stockton, Chula Vista, Fremont, Irvine, Modesto, Glendale, San Bernardino, Huntington Beach, Oxnard, Fontana, Moreno Valley, Oceanside, Rancho Cucamonga, Santa Clarita, Garden Grove, Ontario, Pomona, Santa Rosa, Salinas, Palmdale, Hayward, Pasadena, Torrance, Corona, Lancaster, Escondido, Orange, Elk Grove, Sunnyvale, Fullerton, Thousand Oaks, El Monte, Simi Valley, Concord, Visalia, Vallejo, Inglewood, and  Santa Clara.

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The Turley Law Firm
626 Broadway, Suite 625
San Diego, CA 92101
Phone: (619) 234-2833
Fax: (619) 234-4048
Toll Free: 866-963-0540

The San Diego, California personal injury law firm of The Turley Law Firm serves clients across  Southern California area. We give you straight talk about your legal options. We have handled cases from San Diego to Imperial Beach to Oceanside to Escondido to El Cajon, everywhere in between, such as: Alpine, Camp Pendleton, Cardiff, Carlsbad, Chula Vista, Coronado,  Del Mar, Eastlake, Encinitas, La Mesa, La Costa, La Jolla, Lakeside, Lemon Grove, Mission Bay, NAS San Diego, National City, Naval Station San Diego, North Island, North County, Pacific Beach, Point Loma, Port of San Diego, Poway, Ramona, Rancho Bernardo, Rancho Santa Fe, San Marcos, San Diego Harbor, Santee, Solana Beach, South Bay, Spring Valley, Vista.

We handle cases across California, including: Riverside County, San Bernardino County, Orange County, Imperial County, Los Angeles County, and Ventura County, Colorado River, Mexico, Cabo, Pacific Ocean and all the Oceans and waterways across California and the World.

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