According to the State of California Department of Industrial Relations, the general overtime provisions in California are that a nonexempt employee 18 years of age or older, or any minor employee 16 or 17 years of age who is not required by law to attend school and is not otherwise prohibited by law from engaging in the subject work, shall not be employed more than eight hours in any workday or more than 40 hours in any workweek unless he or she receives one and one-half times his or her regular rate of pay for all hours worked over eight hours in any workday and over 40 hours in the workweek.
Eight hours of labor constitutes a day's work, and employment beyond eight hours in any workday or more than six days in any workweek is permissible provided the employee is compensated for the overtime at not less than -
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, and
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.
There are sometimes barriers dealing with your employer in regards to overtime. Your contract of employment should include the conditions for working overtime. You only have to work overtime if your contract says so. Even if it does you can't usually be forced to work more than an average of 48 hours per week. What can I do if my employer doesn't pay me my overtime wages? You can file a wage claim or you can file a lawsuit in court against your employer in to recover the lost wages.
In the meantime, here is what you can do to help reduce any problems when it comes to your overtime before it becomes a major issue.
1. Talk with your boss about your problem. If you can, ask your boss questions on how he or she handles the overtime. Ask your manager if you need to improve on anything. Take the initiative and ask for possible suggestions for improvement when working overtime.
2. Try to reduce any potential conflicts. If you see trouble coming, try to catch it earlier before it becomes an argument. Use your problem solving skills to prevent any arguments regarding overtime. Remember communication is the key in preventing conflicts in the work place.
3. Document Everything - It is important that you put everything you do in writing. If you worked 5 hours of overtime, then write it down on your schedule. The next day you can show your boss what you did and the hours it took to get everything finished.
4. Learn From Previous Mistakes - It is important to learn from your mistakes when it comes to your work schedule. If there is a problem with your time sheet, then try to find out what happened and then make sure it doesn't happen again. Ask questions and make sure you don't repeat the same mistakes.
Adherence to adult and minor labor laws regarding overtime and other labor issues can be a headache in many business organizations, so much so that compliance is often not managed at all. And that's a headache that comes with hefty fines if the laws are violated, making it exceptionally painful.
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