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3 Amazing but Little Known Facts About The Proof Needed To Show That You Worked Overtime Under California Overtime Law

By: Kathleen Armitage

Although there is no specific law solely to impose a retention requirement for records on employees, California Overtime Law is designed to combat discrimination and covers various labor practices.
California Labor Law Overtime declares that there is a natural disparity between what employees think they should be paid and what organizations spend in compensation. As the difference becomes too great and another opportunity occurs, it can result in a turnover under California Labor Law Overtime. Overtime pay is the extra cash compensation for the hours non-exempt (eligible) employees work in excess of 40 hours in a work week or 8 hours in a day—according to California Overtime regulations.
Although employers may pay eligible employees by another method than hourly (piecework or annual salary), employers must still calculate overtime pay based on hours eligible employees work each work week under overtime law. Overtime pay is due on regularly-scheduled paydays for which employees earned it. Under California Overtime Law wage regulations, records must be maintained for overtime hours and overtime pay.
California Overtime Laws
Overtime Law regulations don’t require employers to pay overtime to employees for standby duty (carrying a wireless telephone or company pager), unless the employer imposes additional restraints such that the employees can’t effectively use standby time for independent pursuits. California Overtime Law requires that time records be maintained for employees subject to overtime. California Labor Law Overtime covering paying overtime by an employer is one and ½ times regular rate after an 8 hour day or 40 hour week.
A California Overtime Law Attorney states “In the event an employee works overtime, but the employee or the employer have kept no records of such overtime the court tends to rely on the testimony of the plaintiff and other witnesses to determine if overtime is worked, and if so, how much.”
Overtime Law requires employers to pay overtime if they call the employees to work from standby duty; moreover, if the employees eventually work over 40 hours in the same work week as a result. This normally requires employers to pay overtime if they make training mandatory during or even outside of regular work hours—if the hours worked, including training, exceed 40 hours in the work week. Whatever the case maybe for the overtime, record retention is a must under California Labor Law Overtime. The Attorney adds, “Just because an employee does not have a hard record of overtime worked does not mean a valid claim cannot be made for such overtime. The burden of record keeping lies with the employer and not the employer under California labor law.”
Here are the 3 Amazing Facts About Keeping Records About Your Overtime Pay:
1. In the absence of time cards, or computer log in, information or time sheets, the courts will rely on your testimony.
2. If your testimony can be corroborated by witnesses this will strengthen your case.
3. If you can support your testimony with ie. Emails to your supervisor or others with a date and time stamp, voice mails telling you to work overtime that you saved, or work orders that have the date and time stamp, this will also help you to show the overtime hours you worked.

Article Source: http://www.gcyarticles.com

Kathleen Armitage is a freelance journalist who frequently contributes and comments on California labor issues. Learn more by visiting web sites such as ||California Overtime law and California Labor Law||

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