1530 The Alameda, Suite 115, San Jose, CA 95126

Blog
Email UsEmail Us

FREE CONSULTATION

408-246-5500

Search

FREE CONSULTATION

408-246-5500

Providing legal counsel to San Jose and the Bay Area for over 30 years in the areas of criminal defense, personal injury, employment and disability law.
Group Photo
Se habla español|Chúng tôi nói tiêng Việt

Overtime: 2 Dangerous Misconceptions

Posted on in Employment

Over the years, many myths and misconceptions have developed about overtime and the employment laws that go along with it. Unfortunately, many of these items can actually be pretty harmful to employers if they follow them. Here are 2 of the top beliefs about overtime that are actually incorrect.

Overtime Must be Approved

Many employers believe that in order to require payment, an employee must first have the overtime approved. This couldn't be further from the truth. Even if the time is unauthorized, an employee is required to be paid for the time they work. If they work more than 40 hours in a work week, they will need to be paid overtime at 1.5 times their salary.

However, there are some ways you can discipline the employee if they do work overtime that is not authorized. The first way is to have a strong policy in place requiring all overtime to be authorized in advance. While you cannot refuse payment for overtime if they don't follow the rules, you can discipline them by writing them up, putting them on probation or even letting them go. But, before you resort to these measures, make sure the discipline is warranted. There are times when the employee may simply not have enough time in their day to finish all the work you are requiring them to accomplish.

Comp time is Allowed

Some employers are allowed to offer comp time in place of overtime pay. This occurs when an employee works overtime, but the employer offers paid time off instead of paying the overtime. In some situations, this is allowed.

However, comp time is only available to public sector employees. Employers in public sector companies are allowed to give their employees paid time off instead of paying overtime. However, this is not something that is allowed in the private sector. Overtime must be paid to employees in this sector when it is worked.

Overtime is an important part of the employment equation. Managing it appropriately is important for both employees and employers. Contact us to learn more about your obligations as an employer or your rights as an employee regarding overtime today.

CALL TODAY FOR A FREE CONSULTATION

SPEAK DIRECTLY WITH OUR EXPERIENCED SAN JOSE ATTORNEYS

TOLL FREE

408-246-5500

OR

800-576-4210
Back to Top