In California, a non-exempt employee must be paid time-and-a-half for all hours worked over eight hours in any workday and over 40 hours in a workweek. Violations of California’s overtime requirements often occur when employees spend time working “off the clock” or when they are misclassified as exempt or as independent contractors. With regard to misclassifications, job titles and contractual labels are not controlling. Rather, Courts look at the underlying factual realities of the situation to determine the appropriate classification.
If you are an employee or business in need of help with a wage and hour matter, please call us to discuss your situation at (626) 808-HELP (4357).