Summer workers should review overtime laws

Summer is arguably one of the busiest times of the year for thousands of businesses. The warmer weather is convincing more people to go outside and travel, school’s out for teenagers and college students and many people are starting a temporary or full-time job around this time.

Since it is such a hectic time of the year for many companies, there are plenty of workers that will end up working past the clock on several weeks. Employers must provide them for their hard work, but there is a high chance they may make a mistake or refuse to do so during this season. It is important for workers to know how their eligibility to receive overtime might be different than other jobs during these busy months.

Who is exempt?

The Department of Industrial Relations has a list of which employees are exceptions to the general overtime law.

Noticeably, those who are employees in the healthcare industry have different rules than standard workers. Workers that have alternative workweek schedule cannot get overtime for working more than 10 hours if it still ends up less than 12 hours in a workday and 40 hours in a workweek. Ambulance drivers scheduled for 24-hour shifts with certain conditions do not get daily overtime. Any other worker in the medical industry needs to check if their positions are applicable given how many car accidents and injuries happen during the summer.

Some positions cannot get daily overtime, but they may be eligible for weekly overtime. Camp counselors are part of this category, and they work plenty of extra hours during the warmer weather.

This is also a prime season for agricultural workers, who have a more complicated setup than other jobs. Assembly Bill 1066 was passed in 2016 to allow these workers to gradually receive overtime on the same basis as most of the other industries within a couple of years. For 2019, they are eligible after working 9.5 hours in a day.

Seasonal issues

Many workers are only able to operate during the hot months and not during the late fall or most of winter. It may make them exempt from the federal overtime law which requires the employee to work for an establishment that operates for more than seven months in any calendar year or during the preceding year.

If you need further clarity on if payments for your overtime hours work differently than other careers, you may want to contact a local employment law attorney to answer your questions.

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