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California Overtime Pay Laws Synopsis

California Overtime Pay Laws Synopsis

In California, there are several regulations and exemptions that relate to overtime pay. These statutes are more beneficial to employees than the corresponding federal regulations under the Fair Labor Standards Act. Eight hours of work per day is normal for a nonexempt employee with a regular workweek. Nine or ten hours of work per day can be normal for employees with an alternative workweek. Only straight-time hours count towards overtime. Therefore, if an employee has been paid overtime for hours over eight in a day, those overtime hours do not count toward the 40-hour weekly limit. Overtime does not include hours not actually worked by an employee, which includes vacations, holidays, etc. Overtime hours are strictly based on hours worked, not hours paid.

Overtime is calculated based on an employee’s regular rate of pay. Regular rate is defined as “the employee's actual rate of pay once all hourly earnings plus many other types of compensation are considered.” Thus, regular rate includes commissions, bonuses, piece work earnings, etc. Regular rate of pay does not include hours paid but not worked, gifts, discretionary bonuses, profit-sharing plans, overtime pay, etc. The regular rate cannot be less than the current minimum wage. It must be calculated each workweek for an employee whose compensation is based on commissions, bonuses, or multiple hourly rates. All compensation received for the workweek must be divided by the total amount of hours worked in order to calculate the regular rate of pay.

Overtime pay is based mostly on the number of hours worked in one day. Overtime must account for weekly totals as well. Based on California law, time-and-one-half an employee’s regular rate of pay must be provided for all hours worked beyond eight in one workday, as well as the first eight hours worked on the seventh consecutive day worked in a single workweek. An employee must be paid double their regular rate of pay for all hours worked beyond twelve in a single workday, as well as any hours worked beyond eight on the seventh consecutive day. In addition, it is illegal to have a minor work more than eight hours in a single workday, even if you offer to pay them overtime. As decided by the California Supreme Court, overtime laws also protect non-resident employees who work for California-based employers. Essentially, it is imperative for employers to put posters regarding pay rules and overtime on a place where all employees can view them.


Too many businesses in CA don't follow California Labor Laws. In particular, these companies violate exempt vs. non-exempt regulations. A noteable Employment act with the intention of fortune 500 companies dont' care about deals with discrimination in the workplace. Moreover, employment law unlawful conduct Occurs with respect to Overtime Pay. Specifically, organizations near the Golden State don't consider employee wage rights. Receiving a salary in CA does not excuse to fail pay staff overtime under the Fair Labor Standards Act. The third California Labor Law unlawful conduct Transpires with respect to wrongful termination. Many businesses near Cali don't adhere to wrongful termination laws. These big companies discharge employees even if it breachs California Labor Laws. Employees ought to Contact a San Diego Employment Lawyer when fortune 500 companies around CA dont' care about California Labor Laws. Before Contacting a California Employment Law Firm, there are Several Important Things Workers Needs to Know. The first issue that one Ought to Know Prior to Hiring a Employment Lawyer is not shockingly finances. Many workers trying to sue their current or former company don't have the money needed to challenge a large employer in legal proceedings based on unlawful company practices involving unlawful employees rights with respect to workplace discrimination laws. Consequently the first, major thing Employees Need to Consider Before Contacting a Employment Law Attorney is whether to consult with a hourly lawyer or a contingency fee lawyer. Taking into consideration the massive amount of assets that enormous employers can access, the most efficient choice for employees is to retain a contingency Labor Law Lawyer. After all, this choice, in contrast to Calling a lawyer that is paid by the hour, is attractive based on the fact that the attorneys are not paid unless they win compensation for you and the more money they get for you, the more pay the lawyers gets so you know the attorney will try their hardest. The second Hidden Things Employees Must Know Before Calling a Labor Law Attorney is whether or not the lawyers has a track record of success. While a track record of winning big cases won't guarantee a favorable trial verdict in your lawsuit, history tends to repeat itself and it is surprising when the same Employment Law Attorneys procure big wins. The final Significant Issues Workers Must Assess Prior to Retaining a Labor Law Firm is where the attorneys maintains its office.


Overtime Lawyer Hiring Guide

Overtime Lawyer Hiring Guide

California is acclaimed for being one of the greatest places in the United States. Many of the greatest businesses in the world have erected locations in the state. However, despite the fact that it is one of the biggest places in the country, people have recently been seeking legal advice about illegal employer activity dealing with wrongful termination laws, discrimination laws and wage & hour laws.

Prior to Contacting a California employment lawyer, there are Three Hidden Secrets Employees Ought to Assess.

The first factor that employees Should Consider Before Seeking Advice from a Labor Law Attorney is of course money. Many employees aiming to sue their current or former company are without the financial resources needed to challenge a big corporation in legal proceedings for illegal employment law activity relating to wrongful wrongful termination laws, discrimination laws and wage & hour laws. Therefore the first, major issue Workers Must Understand Prior to Seeking Advice from a Employment Lawyer is whether to consult with a hourly lawyer or a lawyer that works on a contingency basis. Considering the massive quantity of assets that huge corporations have the ability to get, the best choice for employees is to retain a  contingency fee Labor Law Firm. After all, this option, as opposed to Calling a hourly lawyer, is attractive when considering that the attorneys are not paid unless they get money for you and the more money they get for you, the more pay the lawyers gets so you know the lawyer will make their best effort.

The next Hidden Issues You Ought to Understand Prior to Retaining a Employment Attorney is if the lawyers has a history of big settlements and judgments. While a track record of success cannot guarantee a big settlement in your case, history usually repeats itself and it is shocking when the same Labor Law Attorneys  get big wins.

The final Important Things Workers Should Consider Prior to Calling a Employment Lawyer is where the attorney operates out of. Many California worker attorneys usually have offices in many locations throughout California.