The Supreme Court has held that time spent waiting for work is compensable if the waiting time is spent “primarily for the benefit of the employer and his business.” Armour & Co. v. Wantock (1944). Whether the time spent predominantly for the employer’s benefit depends on the specific circumstances of…
Articles Posted in Overtime
Which employees are exempt from overtime laws?
Under Federal Law Federal law exempts certain employees from both minimum wage and overtime pay requirements. These exemptions include: * Workers employed in a bona fide executive, administrative or professional capacity; * A list of certain other employees, including outside salespersons, amusement park/recreational employees, agricultural employees, newspaper business employees, switchboard…
Who is exempt from overtime coverage under executive exemption in California?
The executive exemption that relieves employers from the obligation to pay overtime compensation applies to any employee: * Whose duties and responsibilities involve the management of the enterprise in which he is employed or of a customarily recognized department of subdivision of that enterprise; * Who customarily and regularly directs…
Overtime and commission based wages in California
Under California Labor Code section 510(a), all employees who work in excess of 40 hours in one workday or in excess of 8 hours per day must receive overtime pay. This provision, however, doesn’t apply to any employee “whose earnings exceed one and a half time of the minimum wage…
Alternative workweek schedule and overtime
Under California law (California labor code section 501), an employer can authorize alternative workweeks of workdays exceeding eight hours without overtime pay if specified criteria are met. Such flexible scheduling requires full disclosure to affected employees and the affirmative vote of at least two-thirds of the employees in the affected…