Am I Entitled To Overtime Pay?

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Am I Entitled To Overtime Pay?
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Overtime pay can be a difficult discussion to
have when employees are unsure of their rights
and how to calculate the overtime pay they are
owed. The first question is whether the
employees position qualifies for overtime pay.
So who qualifies for overtime? Although most
employees in California are entitled to overtime
pay, there are some important exceptions.
An exempt employee is an employee whose job
does not qualify for overtime protections because
of the type of work the employee performs.
Examples of positions that are generally exempt
from overtime include doctors, certified public
accountants, teachers, licensed engineers,
managers who regularly supervise at least two or
more employees, and certain sales employees who
receive at least one half of their compensation
through commissions.
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To be an exempt employee, in addition to salary
requirements, there are multiple characteristics
of a position that the employee must meet.
However, it is important to keep in mind that
just because your employer says you are exempt
does not make it true. Also, just because you are
paid a salary does not automatically make you an
exempt employee.
Many employers misclassify their employees as
exempt, when they really should be paid hourly
and receive overtime pay. Therefore, it is best
to consult with an employment lawyer to determine
whether you are properly classified as an exempt
employee or whether you are owed overtime pay.
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For employees entitled to overtime pay, how is
overtime calculated? In California, the overtime
rate is 1.5 times an employees regular hourly
rate for hours worked in excess of 8 hours in a
work day or 40 hours in a work week. If hours
worked are in excess of 12 hours in a work day,
then the overtime rate is 2.0 times the regular
hourly rate.
Keep in mind that numerous cities, including
Pasadena, have recently increased the minimum
wage and have set a schedule for future increases
to automatically take place. If you earn minimum
wage, these increases will also automatically
increase your overtime rates, which are
calculated based on your hourly rate.
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Hire Attorney

• If youve been the target of wage theft, contact
  employment law lawyer Los Angeles from Azadian
  Law Group, PC. In this piece, George S. Azadian
  gives you his insights into Overtime Pay.

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Address 453 S. Spring St., Suite 738, Los
Angeles, California 90013 Phone
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