The California Labor Code lists categories of workers who enjoy employee status and exempt schedules – that is, that does not apply to overtime pay and other wage/hour laws. The U.S. Supreme Court noted that LMRA`s pre-emption period cannot be read in general, however, and that different terms of employment should not necessarily be anticipated, even if the issue in question is governed by a collective agreement (CBA). As a result, the courts apply a two-question test to ensure that the pre-emption measure is applied only when necessary to keep intact the role of the labour arbitration procedure in the resolution of CBA disputes. Some workers are excluded from California and federal laws for minimum wage, overtime, working hours and rest periods25. (See our Fact Sheet Overtime Pay for information on calculating an overtime request). Nordquist v. McGraw-Hill Broadcasting Co. (1995) 32 Cal.App.4th 555, 562 [“Exceptions are narrowly designed against the employer and their application is limited to those workers who are clearly and unequivocally in their conditions.”] Arnold v. Ben Kanowsky, Inc. (1960) 361 U.S. 388, 392 [80 S.Ct.
453, 456] [“We believe that exceptions [FLSA] must be interpreted in a restrictive manner against employers who wish to assert them and their application is limited to these firms, clear and incomprehensible in their terms and minds.] ↥ In a new decision of January 22, 2014, the California Court of Appeals has just confirmed a significant exception to “daily overtime.” in which workers are covered by collective agreements, the employer makes a summary decision and the applicants` attempt to read the exemption in a way that would render it annihilated. Some types of exceptions apply to meal breaks.18 But the most important exceptions discussed in this article (i.e. those for executives, administrators and professionals) do not apply to meal breaks.19 See 29 U.S.C. 213 [federal exceptions]; callus. Code of Regs., tit. 8, 11040, abd. (1) (A.) ↥ In addition to the regular exemption from pay and hours for employees discussed above, California law specifies that some other professionals are also exempt from overtime rules. All employees at the University of California are also exempt from California overtime rules, based on the state constitution.13 A section of the California Labor Code, Laboratory Code 514, provides an exception to daily overtime for workers who are covered by a collective agreement, with at least 30% more than the national minimum wage and the base wage for overtime. Not “daily overtime” but “overtime.” However, the applicants argued that workers who fall under a qualified collective agreement still had to receive some compensation for “daily overtime”.
As a general rule, workers can claim compensation for overtime wages that were earned in the two years prior to the wage application. Federal law extends this period to three years if the misperation rating was intentional.97 To meet the requirements of this wage-hours rule, Doctors must earn at least $84.79 per hour or the full-time wage equivalent (from 2020; this figure corresponds to inflation).10 Your employer should not “reward” you if you are paid on hours you thought you had earned, or to file a fee with the Labour Commissioner.
