Epstein Becker: California "Daily Overtime" Inapplicable under Collective Bargaining Agreement | Practical Law

Epstein Becker: California "Daily Overtime" Inapplicable under Collective Bargaining Agreement | Practical Law

This Law Firm Publication by Epstein Becker & Green, P.C. discusses the California Court of Appeal's recent decision holding that employees covered by collective bargaining agreements (CBAs) are not eligible for "daily overtime" in addition to overtime as defined in the CBA. In California, employers must pay non-exempt employees overtime when they work more than eight hours in one day, as well as when they work more than 40 hours in one workweek. Section 514 of the California Labor Code provides an exemption from "daily overtime" for employees covered by a CBA under which they receive at least 30% more than the state minimum wage and premium pay for overtime. The court's decision affirms that employees covered by a CBA are only entitled to premium pay for overtime, as defined by the employer and the union, not daily overtime.

Epstein Becker: California "Daily Overtime" Inapplicable under Collective Bargaining Agreement

by Epstein Becker & Green, P.C.
Published on 23 Jan 2014California, United States
This Law Firm Publication by Epstein Becker & Green, P.C. discusses the California Court of Appeal's recent decision holding that employees covered by collective bargaining agreements (CBAs) are not eligible for "daily overtime" in addition to overtime as defined in the CBA. In California, employers must pay non-exempt employees overtime when they work more than eight hours in one day, as well as when they work more than 40 hours in one workweek. Section 514 of the California Labor Code provides an exemption from "daily overtime" for employees covered by a CBA under which they receive at least 30% more than the state minimum wage and premium pay for overtime. The court's decision affirms that employees covered by a CBA are only entitled to premium pay for overtime, as defined by the employer and the union, not daily overtime.