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What is California's New Overtime Law for 2023?
Under California’s new overtime law, employers are required to pay all adult eligible employees additional pay for the work done in excess of the standard 8 hours per workday or the standard 40 hours per workweek.
A standard work day consists of 8 hours of working time. Any additional hour of work beyond 8 hours shall be compensated with additional premium pay per the 2023 California Overtime Law.
Related Article: Do I Have an Overtime Wage Dispute Lawsuit?
How Much Notice is Required for Mandatory Overtime in California?
No notice is required for an employer to change an employee's schedule or require overtime in the state of California. If you're an hourly employee and work an 8 to 12-hour day, that's time and a half pay. If you work over 12 hours in a single day, that's considered double time.
Read Also: California Full-Time Hours
Can You Get Fired for Refusing to Work Overtime in California?
Yes. California employers may terminate or otherwise discipline an employee if they refuse to work overtime hours. However, there are a few exceptions to this rule.
Employees are required to pay overtime, mandatory overtime cannot violate the employee’s contract, and there cannot be a health or safety risk from working overtime hours (for example, an airline company can’t force a pilot to fly 100 hours a week since this will put the safety of the pilot and everyone else on board at risk).
Read Also: California Payroll Laws
Can Overtime be Toxic?
Studies have shown that significant effects of overtime may include stress, lack of free time, poor work-life balance, and health risks. Employee performance levels may also go down. Long work hours can cause tiredness, fatigue, and lack of attentiveness.
Read Also: What Is A Non-Discretionary Bonus?
What Illnesses Can You Get From Overwork?
Scientists have linked overworking with numerous potentially life-threatening conditions including cerebrovascular and cardiovascular diseases, type 2 diabetes, heart disease, cancer, arthritis, chronic lung disease, and hypertension.
Related Article: ABC Test California
Can an Employee Avoid Mandatory Overtime?
According to the U.S. Fair Labor Standards Act (FLSA), exempt employees have to pass 3 tests in order to be exempt from overtime pay. First, they have to have administrative, executive, or professional job duties. They also have to be paid a salary that cannot be under $684.
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Free Overtime Wage Dispute Case Evaluation: If you have not been paid sufficiently for overtime work and are interested in pursuing a case, you should contact our law firm immediately. You may be entitled to compensation by filing a lawsuit and we can help.
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The Litigation Group at Scmidth & Clark, LLP is an experienced team of trial lawyers that focuses on the representation of plaintiffs in lawsuits. We are handling individual litigation nationwide and currently accepting new legal challenges in all 50 states.
If you or a loved one was involved with these matters, you should contact our law firm immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.