California Overtime Laws: Top 4 Common Employer Mistakes
A California labor law attorney has revealed the four most common mistakes that employers make in violation of California overtime laws. Although California labor laws for breaks and lunches are clear, nevertheless employers tend to overlook something as simple as giving their employees a meal or rest break. While this is only one of our top three violations, it is often the most overlooked.
- The most predominant Employer mistake or violation appears to be the failure to properly classify managers and supervisors as exempt or non-exempt from overtime. Employers tend to believe that just giving the employee the title of manager or supervisor will suffice when it comes to classifying such employees as exempt from overtime. If improper classifications are made, a California labor law attorney may eventually come knocking and if he/she does, it could be expensive. The fact of the matter is that under California overtime laws, the job duties an employee performs and how much they perform these duties determines whether that employee is exempt from overtime or not.
- Another common (and somewhat overtime pay related) violation is providing comp time in violation of California overtime laws. Comp time occurs when an employer requires an employee to work additional hours beyond their standard shift without paying overtime. The Employer then allows the employee to come in the next day a few hours late as “compensation.” This is unlawful if this act entails depriving the employee of California overtime pay based on the daily overtime regulation.
- As briefly mentioned above, another common violation is failure to abide by California labor laws for breaks and lunches. Each employee that is non exempt is entitled to a 30 minute uninterrupted lunch break after 5 hours of work, and a 10 minute break after 3.5 hours of work. In the event such California labor laws for breaks and lunches are not adhered to, the employee is then entitled to one hour of pay for a missed meal or break period (limit one hour per day regardless of number of breaks missed in a day) and the statute can go back as far as four years for recovery! Failure to provide a meal or break period could have a far reaching complication for employers who pay only minimum wage, and could cause employees to fall below the California minimum wage level. This could expose the employer to serious and expensive penalties as well. Employers are required to provide meals and to protect themselves, should attempt to not only require that the breaks are taken timely, but require that a record be kept to show compliance with California labor laws for breaks and lunches.
- The fourth most common violation that a California labor law attorney may discover is the failure of employers to pay for expenses incurred by Under California Labor Code 2802. Employers are required to reimburse employees for expenses they incur in the discharge of their duties. It is clear that California overtime laws are not only strict, but so are many other California labor laws designed to protect the California employee. Some common expenses that are to be reimbursed are: non commuting mileage, cell phone expense, internet expense, and office supplies. Many employers take for granted that failure to reimburse these expenses exposes them to possible California class actions as well as individual lawsuits.
It is suggested that you take the time to educate yourself about California labor laws as they relate to those areas in your unique workplace. If you are unsure about interpreting certain California overtime laws, and you feel there may be an employer infraction or “mistake”, it is recommended that you find a California labor law attorney and seek the proper legal advice and counsel. Often employer violations are simply the result of ignorance and/or a lack of understanding of California labor laws. While that is a reason, it is not an excuse and does not permit any employer to be exempt from diligently applying the regulations enforced by the California Labor Board.
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california overtime laws: top 4 common employer mistakes
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Before Discussing the California Overtime Law, It’s Important to Know Who is Eligible to Receive Overtime. There are Two Types of Employees: “exempt” and “non-exempt”. Exempt Employees are Often Referred to as Salaried Employees and Non- Exempt Employees are Often Referred to as Hourly Employees.
One of the most common and often expensive mistakes an employer can make is to misclassify their employees as being exempt from overtime, if they are, in fact, non exempt employees by law. Exempt employees are often referred to as salaried employees and in very basic terms it means that the employee is therefore is not eligible for overtime.
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