OVERTIME FOR CALIFORNIA FARM WORKERS

California farm workers are now entitled to overtime for every hour they work past 8 hours in a day. For example, if a farm worker works a 9 hour day they are owed one hour of overtime. Farm workers who work only 36 hours in a week are still entitled to 2 hours of overtime if they work one 10 hour day.

Like the rest of the California workforce, farm employees are considered nonexempt and are entitled to overtime if they do not regularly manage 2 or more full-time employees more than 50% of the time and earn twice minimum wage for every hour they work. Farm workers such as pickers, tractor drivers, loaders, packers, and feeders are generally entitled to overtime.

Foremen who supervise a crew of 10 full-time farm workers and spend a lot of time hiring, firing, and using independent discretion are not entitled to overtime. Technically, supervisors of two or more full-time employees who spend more than half their time supervising are exempt if they earn twice minimum wage.

Contact our California Overtime Lawyers at 1-877-525-0700 if you are owed overtime

OVERTIME LAW

It is best to run your overtime scenario by an experienced overtime lawyer, but in general there are several principles governing California overtime for all California employees:

  • Overtime is due to persons who primarily perform manual labor
  • Overtime is not due to supervisors and managers who regularly supervise and manage two or more full-time persons and are paid twice minimum wage
  • Overtime is not likely to be due to an employee who has a primarily intellectual profession where they make independent decisions and use independent discretion
  • California overtime is based upon a daily work day, but also comes into effect if an employee works more than 40 hours in a week. For example, an employee who works 6 days for 7 hours each day they would be entitled to two hours of overtime pay for the week
  • Double time kicks in if the employee works more than 12 hours in a day

Some generalizations can be made about which jobs are likely to receive overtime and which are not.

GENERALLY THE FOLLOWING POSITIONS ARE ENTITLED TO OVERTIME PAY:

Assembly workers, automotive repair workers, clerical workers, construction workers, cooks, day care workers, drivers, dry cleaning pressers, farm workers, grocery workers, janitorial, laborers, maintenance workers, manufacturing workers, messengers, massage therapists , nurses, packers, porters, retail workers, security officers, sewers, ticket agents, waiters, warehouse work

THE FOLLOWING JOBS MAY OR MAY NOT BE ENTITLED TO OVERTIME; IT IS BEST TO CONSULT AN EXPERIENCED OVERTIME LAWYER FOR THE FACTUAL SPECIFICS OF THE JOB:

Broadcasters, computer programmers, outside sales, persons with advanced degrees, property managers, writers

THE FOLLOWING JOBS ARE USUALLY NOT ENTITLED TO OVERTIME:

Artists, doctors, lawyers, managers

LABOR LAWS CALIFORNIA OVERTIME

California labor laws are found in the California Labor Code and California Code of Regulations. There are enough California labor laws on overtime as well as California and Federal interpretation that it is not the best idea for employee to, on their own make determinations about whether they are owed overtime and how much they are owed. We strongly recommend calling 1-877-525-0700 to find out if you have an overtime case, whether it is large enough for our firm to handle individually or on a classwide basis.

Besides the fact overtime laws require certain classes of employees to be paid overtime, there are legal rights protecting the jobs of employees who demand overtime wages. Many of our firm’s overtime cases involve job terminations because an employee asked for overtime. Other cases involve employees quitting because they are not paid overtime. Employers who retaliate against employees who ask to be paid overtime may be required to pay punitive damages and/or a California Labor Code Section 1102.5 penalty.

Our California overtime lawyers handle individual, multi-employee, and class actions involving overtime. Our firm founder began handling overtime cases for employees in 1993. Our employee labor lawyers never charge employees any money up front. We advance all court costs. Our win rate is high and we take our overtime cases seriously.

CALL 1-877-525-0700 FOR A CALIFORNIA OVERTIME LAWYER