Calculating Your Regular Rate

San Diego Calculating Your Regular Rate Lawyer

California law demands that working people be paid fairly, that overtime pay be received for extra hours, and that net payment be calculated accurately. The law requires overtime pay for hours in excess of eight hours worked in a day, or in excess of 40 hours in a week.

Exempt or Nonexempt

Certain workers performing true management, executive and/or administrative functions are "exempt" from this requirement. If they are properly so classified, they can be expected to work extra hours without extra pay. However, if you are being asked to work overtime and are not being paid an overtime rate, make sure you are properly classified. For example, a receptionist generally does not perform managerial tasks, and if he or she is working extra hours, he or she should be paid at an overtime rate.

Overtime calculation: If you can get overtime pay, you should.

Regular Rate

In calculating your overtime rate, it is very important to know your base rate or regular rate of pay. Many aspects of your pay package should go into your regular rate, such as commissions, incentive pay, and SPIFF. These should be added to your base pay, and this total should be multiplied by one-and-a-half (two in some instances) for your overtime rate.

Contact a Pacific Beach exempt employee attorney at The Law Office of David P. Strauss. We limit our caseload to ensure that we can provide our clients with the highest degree of legal service.

Mr. Strauss is respected by his adversaries (he is voted by his fellow attorneys as one of San Diego's preeminent plaintiff's employment lawyers) and consequently is able to effectively resolve cases either through settlement or trial. For more than 20 years, he has lectured in front of judges and other lawyers on discrimination, sexual harassment and other areas of employment law. When he files a case, defendants take it seriously because they know of his previous successes.