Laws mandating that
Yes, in general an employer may dictate the employee's work schedule and hours.Additionally, under most circumstances the employer may discipline an employee, up to and including termination, if the employee refuses to work scheduled overtime.Last week I worked Monday, Tuesday, Wednesday, Thursday and Saturday, eight hours each day. For the workweek I was paid 48 hours at my regular hourly rate. Another example of where you get paid your regular wages but the time is not counted towards overtime is if you get paid for a holiday but do not work that day.In such a case, the time upon which the holiday pay is based does not count as hours worked for purposes of determining overtime because no work was performed.Overtime on either type of bonus may be due on either a daily or weekly basis and must be paid in the pay period following the end of the bonus-earning period.Discretionary bonuses or sums paid as gifts at a holiday or other special occasion, such as a reward for good service, which are not measured by or dependent upon hours worked, production or efficiency, are not subject to be paid at overtime rates and thus are not included for purposes of determining the regular rate of pay.An "exemption" means that the overtime law does not apply to a particular classification of employees.
Eight hours of labor constitutes a day's work, and employment beyond eight hours in any workday or more than six days in any workweek requires the employee to be compensated for the overtime at not less than: There are, however, a number of exemptions from the overtime law.
In no case may the regular rate of pay be less than the applicable minimum wage.
Ordinarily, the hours to be used in computing the regular rate of pay may not exceed the legal maximum regular hours which, in most cases, is 8 hours per workday, 40 hours per workweek.
Yes, California law requires that employers pay overtime, whether authorized or not, at the rate of one and one-half times the employee's regular rate of pay for all hours worked in excess of eight up to and including 12 hours in any workday, and for the first eight hours of work on the seventh consecutive day of work in a workweek, and double the employee's regular rate of pay for all hours worked in excess of 12 in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek.
An employer can discipline an employee if he or she violates the employer's policy of working overtime without the required authorization.