Does Overtime Apply to Salaried and Hourly Workers in California?

Overtime applies to hourly employees only. However, what we often find is that employers will classify employees as salaried when in fact they should be classified as hourly.

And the test for that is whether or not that employee spends more than 50% of their time doing managerial work or high-level administrative work, or if they have some kind of specialized knowledge that causes them to have a high level of education and expertise. And so what we often find is that employers will misclassify people. People who should be hourly and who should be getting overtime are actually classified as salaried. They’re made to look like a salaried employee when in fact they are not a salaried employee.

And so, some of the most valuable wage in our cases come from the denial of overtime, but often for employees who are classified as salaried that should really be hourly and who should have been getting overtime paid.