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1. |
Q. |
What is the general rule of overtime?
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A. |
General Rule California law requires that every employer to pay overtime to all nonexempt employee as follow;
- One and one-half times the employee's regular rate or pay for all hours worked in excess of eight hours up to and including 12 hours in any workday, and for the first eight hours worked on the seventh consecutive day of work in a workweek; and
- Double the employee's regular rate or pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek.
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2. |
Q. |
What is the base pay for calculating overtime?
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A. |
Overtime is calculated based on the Regular pay rate. Regular pay rate is the compensation earned by the employee for services rendered. The regular rate of pay should be calculated based on hourly bases. If the employee has different kinds of pay bases, such as hourly earnings, salary, piecework earnings, and commissions, such pay should be converted to hourly rate.
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3. |
Q. |
How is the regular pay is determined if the employee is getting paid salary?
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A. |
The hourly pay rate is determined by converting the salary to hourly rate as follow:
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Yes. There is no distinction made between adults and minors when it comes to payment
of the minimum wage.
- 1) If the employee gets a monthly or semimonthly salary then multiplying the salary by 12 if monthly or 24 if semimonthly to determined the annual salary. 2) Divide the annual salary by 52 (weeks) to get the weekly salary. 3) Divide the weekly salary by the number of legal maximum regular hours (40) to get the regular hourly pay rate.
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4. |
Q. |
How the regular rate is determined if the employee has multiple rates?
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A. |
If the employee is paid two or more rates from one employer during the workweek, the regular rate is the "weighted average". To determined weighted average dividing the total earnings for the workweek, including earnings during overtime hours, by the total hours worked during the workweek, including the overtime hours.
Example, an employee worked 35 hours at $10.00 an hour and 12 hours during the same workweek at $15.00 an hour. The weighted average calculated as follow:
1st pay 35 X 10 = 350.00
2nd pay 12 X 15 = 180.00
Total 530.00
The weighted average is 530.00 divided by 47 hours (35 + 12) = $11.27
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5. |
Q. |
Should the bonus be included to determined the regular rate of pay for purposes of calculating overtime?
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A. |
Where the bonus is measured by the employee’s performance or hours worked it is a nondiscretionary bonus and it is included in determining the regular rate of pay for computing overtime.
However, a holiday gifts, rewords or discretionary bonuses by employer are not included for purposes of determining the regular rate of pay, because they can’t be measured by the employee’s performance or hours worked.
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6. |
Q. |
Does the employee qualify for overtime if he/she works overtime without his/her employer pre-authorization?
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A. |
Yes, Under California law employers must pay, for all the overtime the employee works at the overtime rate whether the overtime work is pre-authorized or not.
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7. |
Q. |
Does employer obligated to pay overtime to Are salaried employees?
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A. |
Yes if the employee is nonexempt employee, however if the salaried employee is an exempt as defined by federal and state laws, employee is not entitled to overtime pay.
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8. |
Q. |
Can an employer require an employee to work overtime?
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Yes, an employer may regulate all employees work schedule and hours including overtime. If an employee to refuses to work overtime could be subject to discipline by employer, up to and including termination.
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9. |
Q. |
Is the employer is obligated to pay overtime for holidays if the employees do not work?
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A. |
No, employee is not entitled to overtime pay only for for hours actually worked by the employee. If the employer pays holiday without work or provide discretionary pay, then employer is not require to pay overtime rate.
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10. |
Q. |
Can an employee and employer agree to waive the employee’s right to overtime compensation?
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A. |
No, such agreement is void because it is against California law and employee must be paid all overtime compensation in spite of any waiver agreement.
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