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Like its Federal counterpart, California law protects workers in the State of California to ensure that certain non-exempt employees who work more than 40 hours a week are fairly compensated for overtime hours. However, the legal requirements under Federal law and California law regarding overtime can be slightly different. In addition, beginning in 2017, new changes to wage and hour laws will go into effect. It is important that not only employers but employees are aware of these changes.
Under the new law, the salary of people eligible to receive overtime will increase. Those making up to $43,680 will be eligible to receive overtime. This threshold is a little over $2,000 more than the current $41,600 limit. The increase is in response to the state’s minimum wage increase that is also going into effect next year.
Some California employers that were preparing for a rise in the federal overtime threshold that did not actually happen may not be prepared. At $47,476, that threshold was several thousand dollars higher than California’s new threshold. Now, payrolls that were adjusted, for the expected change in the federal overtime threshold, need to be readjusted to reflect the state’s $43,680 threshold.
Despite the existence of the laws regarding overtime payment all too often workers in the state of California fail to receive the compensation to which they are entitled. There are multiple ways in which the deprivation could occur including but not limited to employers asking employees to work “off-the-clock” and misclassifying employees as “exempt” when they are in fact not.
Whatever the reason for a wage and hour law violation the first step toward getting all that you are owed is to understand when you are not getting all you deserve. If you believe you are being paid less than you’ve earned, a lawyer who represents employees in wage and hour cases is a good place to start.
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