In California the law presumes that employers must pay overtime to employees working more than forty hours in one week or eight hours in one day. Overtime must be paid even when the employee is paid a commission, salary or by piece.
Exceptions to this general rule exist. Employers legally pay a good portion of the workforce a salary with no overtime. However an exemption form paying overtime is the exception, not the rule in California. The burden is on the employer to prove the law exempts them from paying overtime. Just because your employer pays you a salary or a commission does not necessarily mean they paid you correctly.
Wage and hour laws are complicated and sometimes vary according to industry and type of employment. Click on the industry or job to the left to find out more about how wage and hour laws apply to your employment.
Call me at (408) 466-5845 for any questions concerning wages, overtime pay, minimum wages, rest breaks and meal period violations, salary sick leave and other pay issues. I will personally handle your issue. I have focused on litigating wage and hour cases for over ten years and employment law issues for over twenty years. Working together we will solve your issue.