Legal Question in Employment Law in California

I have been offered employment (through a contract agency) at a Silicon Valley high tech firm. I have been offered an hourly rate of $XX/hour and they stipulate in the employment agreement that they will pay me overtime at the straight time rate of $XX/hr and not 1.5 times the base rate of $XX/hour. Is this legal?


Asked on 6/07/15, 6:09 pm

1 Answer from Attorneys
Kristine Karila Law Office of Kristine S. Karila

If you will be a non-exempt employee, they must abide by Calif. overtime laws: Time and one-half for hours over 8 in a workday or over 40 in a workweek (don't count meal period.) If you work over 12 hours in a workday = double time and if you work 7 consecutive days = time and one-half for the first 8 hours and double time after that. If you will be an exempt employee, they don't have to pay any overtime, so yes, it is legal to pay the base rate. The key question is whether you will be exempt or nonexempt and that depends on your duties and the amount of independent discretion and control over your work, etc.

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Answered on 6/08/15, 7:01 am


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