Is a small business owner in CA required to pay overtime to their employees?
Asked by
djbuu (
284)
March 9th, 2008
from iPhone
Observing members:
0
Composing members:
0
7 Answers
yes check the overtime pay codes in your state in mass you have to
If an employee works more than 8 hours in a day, then yes.
Check this out
basicly, if your employees are ‘exempt’ and salaried, no. but there are high standards for ‘exemption’
Under the Fair Labor Standards Act of 1938, a Federal Law, any employee defined as non-exempt must be paid overtime for any hours worked over 40 in a given 7-day period.
The 7 day period can begin on Sunday at midnight, Tuesday at noon, as long as it is consistent.
Certain professions are automatically excluded and covered by other regulations such as agricultural workers, waiters and waitress, some categories of computer programmers., You have to check the regulations.
The act has been modified several times by statutory amendment and by regulations issued by the Department of Labor.
In 2006 the Dept of Labor issued new guidelines, the most important of which are: any employee earning less than $23,400 year or an hourly rate that would equate to less than $23,400 year MUST be paid overtime regardless of his or her responsibilities or job description so long as the position is non-exempt. Similarly any employee earning in excess of $100,000 need not be paid overtime, regardless of his or her job description or responsibilities even if the position is non-exempt..
Certain jobs are classified as exempt, such as management, professional and administrative, however there are described in the act.
California has it’s own set of labor codes which may be more stringent than Federal Law. I am not a resident of California and can not comment accurately on what the specific regulations might be in California.
I am not an attorney and this does not constitute legal advice. I suggest that you contact an attorney licensed in California or the local office of the California Dept of Labor or EDD as it is known in some publications.
SRM
Yeah, in CA it’s now overtime for hourlys for anything over 8 hours in a day regardless of how many hours they do a week.
Yes if they follow the LAW
Answer this question
This question is in the General Section. Responses must be helpful and on-topic.