subject: Overtime Rules and Procedures [print this page] Overtime Rules and Procedures Overtime Rules and Procedures
When in the workforce it is important you educate yourself on overtime pay laws and regulations so you know your rights. Overtime is based on the regular amount of compensation you receive weekly. Wage laws state that overtime pay should be one and a half times your regular hourly wage. Overtime laws include salaried workers unless they fall under a specific exempt category.
Employees must be paid for the hours they have worked in overtime whether their employer has approved the extra time or not. Employers also do not have the right to ask an employee to waive their overtime rights, nor can employees waive their own overtime rights. However, employers are given the right to schedule employee overtime without their approval. They are also able to terminate the employee if they should refuse to work the extra time the employer has scheduled them. As long as the employer pays their employees the correct overtime rates there is no law stating an employee cannot be given more than 40 hours a week to work.
An exception to overtime rules involves the usage of vacation and sick leave. For example, if you work 48 hours one week, but took a sick day one of those days, than the 8 extra hours of time are not paid in overtime. This is because overtime is also based on the actual amount of hours worked. So even though you were getting paid for a days of work, because you called in sick you were not actually working. The same goes for holiday pay.
If you have been taken advantage of by your employer, and are owed money for overtime hours you were never compensated for, you have two options. You can file a wage claim with the Labor Commissioner's Office, or you can file a lawsuit against your employer. If you choose to file a claim you will be assigned a Deputy Labor Commissioner who will review your case and decide the best way to go about handling your case. For more information regarding labor and overtime pay laws please refer to your local state government's website.
