| Always a point of difficulty for California | | | | traditionally considered exempt from overtime |
| employers, California Overtime Law require | | | | are actually exempt. Each job description and |
| paying daily overtime pay in addition to | | | | actual tasks performed by professionals such |
| overtime for hours worked more than 40 per | | | | as accountants, and others must be examined |
| week. However, state legislature changed this | | | | carefully to make that determination. |
| overtime law at one timeeliminating daily | | | | California Overtime Law requires that |
| overtime requirements. Fortunately, things | | | | non-exempt accountants be paid overtime for |
| quickly shifted direction and California | | | | over eight hours worked in a day, or more |
| Overtime Law was passed to reinstate the | | | | than 40 hours worked in the week. While some |
| daily overtime requirements. On January 1, | | | | salaried accountants may be exempt, depending |
| 2001, current daily overtime rules became | | | | on their duties many may not be. Accountant |
| effective. On August 23, 2004, California | | | | that do not maintain a CPA license, are not |
| Labor Law Overtime categories called White | | | | automatically professionally exempt in |
| Collar Exemptions were finally implemented as | | | | California and therefore may be entitled to |
| modifications to the FLSA (Fair Labor | | | | very large sums of overtime wages accumulated |
| Standards Act). A new category was added for | | | | from the past 3 and sometimes for years. |
| physicians and surgeons on January 1, 2007 | | | | Furthermore, double-time overtime pay must be |
| under California Labor Law Overtime. | | | | paid for hours worked over twelve in one day |
| | | | or in excess of eight on the seventh |
| California Overtime Pay Regulations for | | | | consecutive day within the workweek. |
| Non-Exempt Employees: A Simple Test | | | | California Overtime regulations are contained |
| | | | in Wage Orders issued by part of the |
| An experienced California Overtime Law | | | | Department of Industrial Relations referred |
| Attorney states, CPA firms seem to believe | | | | to as the Industrial Welfare Commission. |
| that just because an accountant has always | | | | Under California Overtime Law, employers are |
| been paid a salary and is considered exempt | | | | required to post the minimum wage and |
| from overtime that they are exempt. If an | | | | overtime regulations in a prominent place |
| accountant is not directly supervising other | | | | frequented by accountants and other |
| employees or exercises a certain amount of | | | | employees. |
| independent discretion, they may be entitled | | | | |
| to overtime under California Overtime Law. | | | | A common misconception is that an accountant |
| When it comes to California Overtime Law, the | | | | can work more hours on one day and take |
| Golden State has the most restrictive labor | | | | compensation time, or compensatory time off |
| code in the nation. However, there are laws | | | | on a different day. An employer has the |
| to protect employed residents. Individuals | | | | ability to be flexible with the accountants |
| have the right to investigate regulations | | | | with regard to their time. California Labor |
| that apply to California Overtime. The | | | | Law Overtime still requires overtime to be |
| California rules for non-exempt accountants | | | | paid if the amount of hours on the day the |
| should give one an idea of certain issues at | | | | accountant works longer goes more than eight |
| stake. For the California resident, various | | | | hours. If an employee refuses to work the |
| questions can be considered in determining | | | | overtime and that refusal is not secured by |
| accountants classifications. | | | | overtime law, the employer can actually fire |
| | | | the employee. Fortunately, an accountant |
| The attorney adds, The California courts as | | | | employed who feels he/she has been unlawfully |
| well as other courts across the nation have | | | | discharged, should speak with an attorney |
| broken down the beliefs that jobs | | | | immediately. |