California has introduced new overtime laws which are different and generally stricter than current federal laws regarding the same.
The state of California, under the Department of Industrial Relations, covers the new overtime laws. A general provision of the new overtime laws in California state is that a non-exempt employee of 18 years of age or older than that, shall not be employed for more than 8 hours a day unless the person is paid one and a half times more than he or she is paid on normal working hours.
In terms of weekly-hours, according to the new overtime laws in California a person shall not be employed for more than 40 hours a week unless the person is paid one and a half times more than he or she is paid on normal working hours.
The overtime laws, however, are applied to a specific classification of employees and are exempted if the employees working hours are less than the legally decided working hours, then the employee is not applicable for overtime money unless it exceeds the legally decided working hours.
For example, if you have decided working hours to be 40 hours a week, but you work 32 to 26 hours, the employer has the right to cover the remaining weekly hours without having to pay you the overtime.
Overtime is calculated based on the number of hours a person has worked in a week. Based on aforementioned information, it can be concluded that overtime is only applicable if the person works for more hours than the decided number of working hours.
California’s new overtime law is applicable to all California employees unless they are:
- An independent contractor or a freelancer.
- An exempt employee under California wage and hour law.
- Employed to an alternative schedule in the same week by the same employer.
Overtime law changes have also been brought under effect for farmworkers. Generally, unlike other workers, farmworkers are exempted from overtime in many states. From January of 2019, California farmworkers have a new system and it’s a happier one.
According to the new rules, a farmworker will get paid for overtime if he/she works more than 9 and a half hours per day. In terms of weekly-hours, a farmworker will get paid for overtime if he/she works more than 55 hours a week.
Comparing this to the past overtime rules where a farmworker got paid overtime if he/she worked more than 10 hours per day or 60 hours per week, current regulations are in favor of the hardworking farmworkers.
All the aforementioned rules and regulations are strictly governed by the State of California and the employees covered under these rules have the right to either file a wage claim with the Division of Labor Standards Enforcement or file a lawsuit in court against the employer. If the employer retaliates against you because of either of the above mentioned actions, you can file a discrimination or retaliation complaint or file a lawsuit in court in accordance.