Calculating Overtime in California: How to Avoid Computational Errors and Master Your Wage and Hour Obligations
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Recently, Schneider National Inc. settled a lawsuit alleging it failed to properly pay about 200 of its mechanics for overtime to the tune of $3.5 million. The plaintiffs claimed it intentionally applied unlawful policies that required them to work an alternative workweek schedule without complying with the state's labor code or accompanying wage orders and didn't pay them all the daily overtime compensation they were owed.
Lawsuits like this are common in California, and employers need to be aware of the complexities of the state's wage and hour rules, which differ from the federal ones governing overtime pay. For instance, many employers operate their business 24 by 7. If you take this approach - and also schedule some employees to work seven consecutive days - you should make sure you're meeting your obligations to pay daily overtime and "seventh-day" overtime wages.
By comparison, federal law only requires payment of overtime for hours worked in excess of 40 in a week. Also, questions arise about what exactly constitutes the regular rate of pay, which is necessary for determining how much overtime compensation is owed and must take into account commissions, bonuses, and other payments. Particularly vexing is how to compute the overtime pay on a bonus that rewards employees for a quarter, a year, or other time period.
Further, what happens to the regular pay rate calculation when an employee works in two job classifications that are paid different hourly rates? How can you ensure that you're accurately paying overtime at a blended rate?
What seems like straight up math can get downright tricky if you're not up to date on California's rules on calculating overtime payments.
Miscalculating overtime compensation owed to non-exempt workers can result in huge exposure to liability for your organization. Failing to fully compensate them for hours worked can result in collective actions under FLSA and California's more stringent wage and hour regulations. Don't get caught off guard.
Participate in this interactive webinar, and you'll learn:
- How to calculate the regular rate of pay under California law
- Where California law stands on reporting-time and split-shift pay
- How to account for bonus payouts, piece rates, commissions, and shift differentials so you're in compliance with California wage and hour law and FLSA
- How to account for call back and reporting time pay
How to account for missed rest breaks and meal periods that employee must work due to the press of business
- How to properly apply the weighted average when an employee works two or more jobs at different pay rates for your
- Whether an employee can earn holiday and overtime pay in the same week and what effect it has on the overtime calculation
- How to calculate overtime for non-exempt salaried employees
- How to master alternative workweek scheduling so you don't inadvertently violate state wage and hour rules
- The huge exposure to liability for back wages and penalties you could face if overtime calculations are off - and how to avoid this
- And much more!
In just 90 minutes, you'll learn the correct way to calculate overtime pay, so you'll have a better understanding of what to look for when assessing whether your compensation practices may run afoul to California wage and hour law.
About your presenter:
Attorney Mark Jacobs is a partner in the Irvine office of Fisher &Phillips LLP. His practice is focused on defending employment related lawsuits and administrative complaints on a variety of issues, including harassment, retaliation, and discrimination. He represents employers in both state and federal courts as well as before state and federal agencies, such as the Equal Employment Opportunity Commission, the California Department of Fair Employment and Housing, and the Division of Labor Standards Enforcement. Mr. Jacobs has experience in handling complex, multi-plaintiff harassment and discrimination matters, wage and hour, and other administrative matters. A significant portion of his practice is devoted to preventive employee relations programs that include supervisory training and the development and administration of effective human resources polices and practices.
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|Keywords For This Course:|
FLSA, Wage & Hour Law, California, Overtime
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