All workers in California have the same basic rights, whether they work in main offices, other employer facilities, or at home. This includes the right to be paid overtime for all hours worked beyond 8 in a day or 40 in a week.
Still, remote and hybrid workers often face a number of complicated questions when it comes to wages and hours–especially when they perform at least some job tasks outside of their typical work hours.
The California overtime attorneys at Justice Law Corporation help working people across the state ensure that they are fully paid. We are seasoned litigators who have dedicated our careers to this area of the law and have a strong track record of results for the people that we represent.
The way that people work is changing. Here is what remote and hybrid employees need to know about their overtime pay rights.
Overtime Pay in California
Workers in California are entitled to overtime pay under state law, which goes beyond the requirements set at the federal level. The law generally does not distinguish between workers who do their jobs onsite or remotely. California law applies to people working in the state, regardless of where their employers are located. It also applies generally to workers who are paid hourly or an annual salary.
Employers must pay covered employees time-and-a-half wages for hours worked over 8 hours in a single workday or over 40 hours in a single workweek. The overtime rate also applies for the first eight hours worked on the seventh consecutive day of work in a workweek.
Covered employees must be paid twice their normal rate for time worked over 12 hours in a day, or beyond 8 hours on the 7th consecutive day of work in a workweek.
Here is an example: A remote worker, typically paid $30 per hour, works beyond their normal shift during a busy week to meet tight deadlines. If he or she works overtime, the employee must be paid at the time-and-a-half rate of $45 an hour or the double time rate of $60 an hour, depending on the circumstances.
Who is Exempt From Overtime Pay?
Although overtime pay requirements cover a wide range of working people, certain employees are exempt under the law. That means that their employers are not required to pay higher overtime rates to these workers.
The most common exemption is for certain “white collar” workers. It covers employees who:
- Perform duties that are primarily executive, administrative, or professional
- Executive: Managing a business or department and supervising at least two employees.
- Administrative: Office or non-manual work directly related to management or general business operations, which requires the use of discretion and independent judgment
- Professional: Law, medicine, engineering, accounting, and other intellectual work requiring advanced knowledge, consistent discretion, and judgment, acquired through specialized instruction.
- Are paid a fixed salary (not hourly)
- Earn a minimum yearly salary (at least $68,640)
Certain tech professionals who work on an hourly basis are also exempt under a separate provision for those working in computer software. These workers must be highly skilled and primarily work in certain areas, such as design and development, to be excluded from overtime pay requirements. They must be paid at least $56.97 per hour ($9,888.13 per month; $118,657.43 annually).
Some other exempt positions include certain sales roles, private school teachers, state government and university employees, truck drivers, and others paid on a commission basis.
Overtime pay also does not apply to people who are properly classified as independent contractors, rather than employees. To be considered an independent contractor, the person must exercise significant control over how he or she does the work and meet other requirements.
Sadly, some employers try to stretch these exemptions to avoid paying overtime to workers who should not be considered exempt under the law. A California overtime attorney at our firm can help you determine whether you are truly exempt and pursue the unpaid overtime that you are owed.
Overtime Issues for Remote and Hybrid Workers
Although remote and hybrid workers have the same rights as others, their situations can raise some practical challenges.
That is especially true when it comes to tasks performed outside of normal hours. Remote and hybrid employees are often more likely to perform job tasks off hours because their homes are commonly their offices, blurring the lines between their work and their private lives.
This does not change the fact that remote and hybrid workers are entitled to be paid for all hours that they work. That includes time spent on emails, calls, and other work tasks, even if they are performed offsite and before or after normal hours. Employers generally cannot refuse to pay overtime for such work, even if the employer did not explicitly approve overtime work in advance. Instead, they must pay for any work they knew or should have known was done.
Even an employer that broadly “bans” employees from working overtime may be on the hook, depending on the situation. An employer cannot simply set this kind of policy and then turn a blind eye to workers clearly performing their jobs after hours.
Filing a Claim for Unpaid Overtime
Anyone who has been denied overtime pay has the right to take legal action, either individually or as a group.
The legal remedies available in these cases include:
- Back pay for unpaid overtime
- Liquidated damages (doubling the amount owed)
- Interest on unpaid wages
- Attorneys’ fees and costs
An experienced California overtime attorney can help you understand your rights, weigh your options, and maximize your recovery.
Our California Overtime Attorneys Can Help
If you believe that you are being shortchanged on the job, whether it is by being underpaid or in other terms and conditions, you do not need to go it alone. A California overtime attorney at Justice Law Corporation can help you evaluate your claim and take action.
Our office is conveniently located in Pasadena. Contact us at (818) 230-7502 to schedule a free consultation with a California overtime attorney.
