„The provisions on overtime laid down in the National Law on Wages and Hours and the contract are contradictory. State law requires an employer to prescribe a de-time allowance in the manner prescribed by the FLSA; The collective agreement is not. State law imposes overtime pay for „hours worked“ greater than 40; The collective agreement requires overtime pay for „hours of active pay“ greater than 40. In the event of a dispute, the collective agreement takes precedence. The Fair Labor Standards Act governs wage and hour laws in the United States. The FLSA is a federal law, but it is generally applicable to all companies (rare exceptions). Under the FLSA, companies must work overtime for non-exempt workers, which is one and a half times the worker`s normal wage when that worker works more than 40 hours in a work week. The Fair Labor Standards Act (FLSA) is a federal law that establishes minimum wage, overtime pay, registrations, and child labor standards for full-time and part-time workers in the private sector and in federal, state, and local governments. All employees in positions covered by the FLSA`s mandatory overtime provisions are covered. Workers entitled to overtime must be compensated by overtime pay or compensation time for anyone over 40 hours in a single work week. All personnel authorized to work overtime must complete a time and attendance statement in order to meet FLSA standards. In the past, California has seen numerous disputes regarding this two-part test, both in federal and national courts.
Indeed, we have seen that this type of dispute has its origin in the national standard of division of labour, with a large number of different results based on the facts and the legislation in force. The problem reappeared in the Curtis case, this time with regard to the application of national legislation on overtime. Workers in non-exempt positions under the Fair Labor Standards Act, with the exception of temporary workers, are entitled to overtime pay for all authorized hours of work performed for more than seven and a half hours in a day and 37.5 hours in a work week. Temporary agency workers are entitled to overtime pay for all hours of work allowed during the working week that exceed 40 hours. All overtime must be authorized by the head of department before working time. Overtime will only be limited to emergency situations. Service administrators are responsible for monitoring the hours worked by staff under their direction and for ensuring that this service is declared and formally declared and formally declared by the reporting agent and the corresponding hierarchical superior. For represented employees, we refer to your collective agreement.
Please refer to your collective agreement if you are a represented worker. Curtis argued that CBAs did not meet the requirements of Section 514 of the Labour Code because the definitions of BCAs relating to overtime and overtime rates did not correspond to the definitions in the Labour Code, Section 510. The 9th Circuit quickly rejected this argument and found that if a CBA had to meet all the requirements of labor code, section 510, to qualify, such an interpretation would make the exception superfluous. In doing so, it refused this reading of the law. If your agency wishes to change the indication of working time from overtime allowed to the absence of overtime or criminal prosecution, you must apply for permission from state HR. A CBA can replace labor laws for overtime, but in very limited situations. A cost-benefit-to-cost ratio may provide for a lower rate than indicated, but only if it defines „overtime“ as less than 40 hours per week. Even if the CBA offers a different rate, the company must pay overtime for hours over 40 in a week, in accordance with the labor legislation on overtime. .