Who is exempt from overtime in California?

To be exempt from overtime pay under the Outside Sales Exemption, the employee must: (1) be 18 years of age or older; (2) receive commission based compensation and (3) spend over 50% of his or her time away from the employer’s place of business (including the employee’s home office if working from home) actually …

Who qualifies for overtime in California?

Updated May 11, 2021 California overtime laws require non-exempt employees to earn one-and-a-half times their regular rate of pay for working more than: Eight hours in a workday, 40 hours in a workweek, or six consecutive days in a workweek.

What does the Bcea say about overtime?

Section 10(1) of the BCEA stipulates that: an employer may not require or permit an employee to (a) work overtime except in accordance with an agreement; and (b) more than 10 hours overtime a week. A contract of employment constitutes an agreement between the applicant and the respondent.

How do you calculate overtime in California?

Subtract the employee’s daily overtime hours from the total hours the employee worked during the workweek. If the employee has more than 40 hours leftover, those additional hours must be paid at a rate of time-and-a-half. ⁠77.

How do employers avoid paying overtime?

In reality, the way to avoid paying overtime is to work people less than 40 hours a week, manage a balanced staffing plan so that you have enough floaters and part time help to fill the gaps, and closely watch your trends in customer needs and staffing to make sure they match up.

Who is exempt from overtime?

The Fair Labor Standards Act (FLSA) states that employees employed as “bona fide executive, administrative, professional and outside sales employees” and “certain computer employees” may be considered exempt from both minimum wage and overtime pay. These are sometimes called “white collar” exemptions.

Can I refuse to work overtime?

Non-guaranteed overtime does not have to be offered by an employer. However, when it is offered, the employee must accept and work it. If an employee refuses to work overtime they are obliged to work, the employer may view this as a breach of the contract and proceed with disciplinary action.

Can you be dismissed for not working overtime?

Overtime is voluntary and employees have the right to refuse. There is at least one case (SEAWUSA v Trident Steel (1986) 7 ILJ 86 (IC)) where the court held that an employer can dismiss employees who persistently and unreasonably refuse to work overtime. That is even if there is no contractual obligation to do so.

Can I get fired for not working overtime?

If an employee fails to comply with a lawful and reasonable direction to work a reasonable amount of overtime, then the employee may be guilty of serious misconduct. This would mean that you could dismiss them without notice.

How does overtime and double time work in California?

Yes, California law requires that employers pay overtime, whether authorized or not, at the rate of one and one-half times the employee’s regular rate of pay for all hours worked in excess of eight up to and including 12 hours in any workday, and for the first eight hours of work on the seventh consecutive day of work …

Can I be refused overtime?

What are the limits on overtime under the BCEA?

Section 10 of the BCEA limits the overtime worked by an employee to a maximum of 12 hours per day, and 10 hours per week. If an employer requires an employee who works 6 days in a week (and therefore 8 ordinary hours per day) to work 12 hours per day for 3 days, the employer is contravening the provisions of the BCEA.

When does The BCEA come into effect in South Africa?

While the BCEA applies to all employees, the maximum hours of work which an employee must work in a day or week and overtime payments for work performed on Sundays will not apply to senior managerial employees who earn in excess of R183 008.00 (one hundred and eighty-three thousand and eight rand) per annum with effect from 1 July 2012.

How many hours can you work in a day under the BCEA?

Section 9 of the BCEA provides for ordinary hours of work and states that an employer may not require or permit an employee to work more than: (b) nine hours in any day if the employee works for five days or fewer in a week; or (c) eight hours in any day if the employee works on more than five days in a week.

How is overtime regulated under the basic conditions of Employment Act?

Working time including overtime is regulated by the Basic Conditions of Employment Act in Chapter two. Chapter two of the Act is however not applicable to the following employees: employees engaged as sales staff who travel to the premises of customers and who regulate their own hours of work;