California has the most robust overtime laws in the nation. State wage laws expand on federal regulations and create more scenarios in which employees may be eligible for overtime wages. Workers are eligible for overtime pay if they work more than 40 hours in one workweek. Shifts that keep professionals on the clock for more than eight hours or schedules that force them to work seven days in a row without a day off can also lead to overtime pay obligations.
Certain workers are exempt from federal and state overtime statutes. Who may not have a right to overtime wages under current exemption rules?
Salaried white-collar employees
The biggest category of exempt workers is likely white-collar professionals paid on a salary basis. Hourly workers generally have a right to overtime pay regardless of their industry. Those who work in white-collar settings and receive salaries are often exempt from overtime rules, provided that their salary meets the current minimum threshold established by state regulations. The law also considers the job functions they perform. Outside salespeople, administrative professionals exercising personal judgment at work, executives, tech workers and learned professionals are often exempt.
Transportation specialists
Semi-truck drivers, taxi cab drivers and other transportation professionals are usually exempt from overtime payrolls. Frequently, their employers may schedule them for shifts that keep them on the road for more than eight hours per day. Doing so does not trigger overtime pay rights in most cases.
Certain health care professionals
Long daily work schedules are also standard in the medical sector. Nurse practitioners, physicians and other medical professionals often work 12-hour shifts. Typically, they are not eligible for overtime, although there are some exceptions. If their salary is at least twice the salary earned by those making minimum wage, they may not be eligible for overtime pay. Some nurses may be eligible for overtime pay based on job functions and salary, while others may be exempt. Technicians, home health aides and licensed practical nurses are often not exempt.
Understanding California’s overtime pay exemptions can help workers identify when they have not received the overtime pay that they deserve. Non-exempt and hourly workers who do not receive proper overtime may have grounds for a wage and hour lawsuit. Their employers may ultimately need to pay them the overtime wages that they have not yet received.