Overtime Laws

California’s Current Overtime Law

California’s current overtime law differs from state law because there are a number of specifications that take into account the rules. A peculiarity of the law is that a qualified worker is entitled to double pay if he works more than 12 hours on a regular working day. Also, if an employee works more than her eight hours on seven consecutive days, she is entitled to double her normal working hours. Workers who are allowed to work overtime in California will be paid 1.5 times normal wages if they work more than 8 hours in a day and will be paid for the seven days. The amount is also applicable when they work for forty hours within a work week.

Eligibility for Overtime Terms

The laws have also catered for eligibility to qualify for overtime terms. To be eligible for the overtime pay, a person ought to be of age above 18years and employed in a position that is non-administrative, non-executive, as well as non-professional job. The laws also cater for employees above 16 years only if they have a legal explanation for leaving school to work. In Kern County, the laws are usually applied by organizations that depend directly on the output of their workers to produce whatever they supply to their customers. They are able to quantify what a worker has produced to ensure that the pay does not surpass the benefits from the employee’s service. The overtime laws are more applied in the field of agriculture since they depend on their direct agricultural produce to supply to their potential customers. According to the overtime laws, workers do not have autonomy to choose how and when to do the work. The law is strongly focused on the number of hours worked and terms of engagement.

Overtime Pay for Different Types of Workers

A worker could be on a daily, or hourly rate or a yearly salary and still be appropriate for California overtime if they are not exempted. The laws specify that a work day is 24 hours. The hours can start at any time in the day and run continuously for the next 24 hours. For convenience, the laws suggest that organizations should set a specific time when the hours start. It is also fundamental for organizing shifts for employees. The laws recognize a work week as seven continuous 24 periods adding up to 168 hours and starts at the same day and time in the week. Changing the time at which the work week starts should be changed permanently.

Workers Not Eligible for Overtime Earnings

The laws are also clear on who should not receive overtime earnings. Executives are not among the workers that qualify for overtime earnings. Executives are all individuals earning more than two times the minimum wage, and who also runs a company. A person is also categorized under the executives when he or she manages more than two workers and has authority to review their terms of employment, as well as powers to hire and fire them. Administrative employees are also not qualified for overtime as provided by the overtime laws. A person falls within this category when they earn twice the minimum wage and their nature of job is free from manual labor but it requires them to have specialized training. Administrative employees have autonomy to decide when and how to perform their work and can work under minimum supervision. The law also prohibits professional employees from earning overtime benefits. The group is composed of workers with a specialized line of training for example law, dentistry, medicine, and teaching. Such workers have freedom to choose how and when to do their jobs.

Impact of Overtime Laws on Organizations

The overtime laws are also responsible for various changes observed within organizations. Currently, most organizations especially in the agricultural field rely on the laws to decide the number of employees they need to accommodate. Since their operations are directly dependent on the output of their respective workers, what they pay should not exceed the value of service. Organizations have started to restructure their employee base to balance employees without and with specialized training. The laws have also changed the activities of organizations that champion for rights of employees. The organizations are currently concerned with how organizations particularly in the private sector arrange and categorize their employees.

Political Views on Overtime Laws

When the matter concerning the overtime laws was presented in both houses, the voting in favor and against the laws was largely based on political sides. The democrats and republicans had varied views about the rules. The formation of the laws was prompted by the pressure from trade unions in both public and private sectors. The trade unions championed for employees to be compensated a specific amount of money because most of them were being abused by their employers. The move was not supported by the republicans because for a long time in the history of the US, the trade unions have always been not in good terms with the regimes under republican leaders. However some republicans sided with democrats by recognizing how the rules were going to protect employees from being abused by their employers. Most democrats supported the laws by citing some incidences in which workers have been abused by being overworked and underpaid. Some companies also supported the laws to end every time conflicts with employees demanding overtime payments under non-clear provisions. The laws have clearly explained all eligible groups to receive the overtime earnings. The democrats and the few republicans that supported the laws explained that it will motivate employees to work hard and for long hours and it will have positive impacts on the economy of the country.

Agricultural Exemption and Overtime Laws

The federal agriculture exemption had made employers in the agricultural field worry less about the overtime laws. The establishment of overtime rules prompted employers in agriculture to analyze the rules to understand how the agricultural exemption works. Currently, farms have various business entities like custom farming, and trucking. The overtime laws have resulted in increased earning among middle-class workers, especially in the agricultural sector. The rules have resulted in heavy payrolls for farms since they are required to compensate their employees for any extra hour worked. It has also led to the classification of workers to differentiate employees involved directly in the agricultural activities and those that work on the farm but not directly handling agricultural activities. The overtime laws do not affect agricultural exemption but affect workers like office secretaries, messengers, marketers, and other workers that are not directly involved in agricultural activities on a farm. Some farms minimize the number of workers eligible for the overtime benefits to cut down the amount of money paid as salaries.

Overtime Laws in Neighboring States

Some states neighboring California have also adopted the overtime rules. Most of the states use similar provisions to determine eligibility for overtime earnings. Most workers in adjacent states have also begun to campaign for their overtime benefits. Workers not under the agricultural exemption are major winners because they can earn for every hour worked in excess. Employers might be negatively affected because of the enlarged payroll as a result of double payments for overtime. The provisions underwent the required legislation process and passed into law to ensure that employers do work in accordance with the rules.

Works Cited

2016 California Labor Law Digest. California Chamber of Commerce, 2016.

Fisher, Michele R, and David S. Fortney. Wage & Hour Litigation and Compliance, 2016. Practising Law Institute, 2016.

Gibson, Martine. A Guide to Connecticut and Federal Minimum Wage and Overtime Laws. State of Connecticut, Dept. of Labor, 2011.

Simmons, Richard J. Wage and Hour Manual for California Employers. 2016.