Wage and Hour

In California, non-exempt (hourly) employees are entitled to one and one-half times the employee’s regular rate of 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. An employee is entitled to double the employee’s regular rate of 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. However, not all employees are properly classified as non-exempt and therefore entitled to overtime. Some employers misclassify their employees as exempt (salaried) and fail to provide those employees with any overtime. Other employers misclassify their employees as independent contractors and also fail to provide those employees with any overtime. At Aitken Campbell Heikaus Weaver, we assist individuals in determining whether their employer has properly classified them for purposes of overtime and whether they are entitled to overtime compensation under California law.