Q: I work for a city government. I work 15 hour days on occasion and they only pay me time and a half after 10 hours.

A: It is correct that the wage and hour laws that govern your government job is the federal FLSA and not the California Labor Code. The Labor Code is far more protective of employees than the FLSA. Good luck to you.

A: California labor laws tend to offer stronger worker protections than federal laws, especially when it comes to overtime. However, some public agency employees fall under the Fair Labor Standards Act (FLSA) rather than California’s state labor laws. Being classified as a “confidential employee” might impact the rules that apply to you, but it doesn’t necessarily mean that California’s labor laws are entirely overridden by the FLSA.

It might be helpful to have an employment attorney review your classification and pay structure to ensure compliance with both federal and California state labor laws. HHJ Trial Attorneys, who are experienced in handling employment law cases, may be able to provide guidance specific to your situation, including whether your current overtime policy aligns with state and federal laws. They can also help clarify if any exemptions apply and explore options to recover any unpaid overtime if you’re owed additional compensation.

A: In California, state labor laws generally provide greater protections and more generous overtime rules than federal guidelines under the FLSA. Specifically, non-exempt employees are entitled to overtime pay for hours worked over 8 in a day and 40 in a week. This means that even as a public employee, you may be eligible for overtime after 8 hours each day, not just after 10 hours as per the FLSA.

Being classified as a confidential employee does not automatically exempt you from overtime protections. California law takes precedence over federal law when the state laws are more beneficial to the employee. Therefore, your city government should adhere to California’s overtime regulations, ensuring you receive the appropriate compensation for the extra hours you work.

It’s important to review your specific job duties and classification to determine your eligibility accurately. Consulting with a labor attorney or reaching out to the California Department of Industrial Relations can provide you with detailed guidance tailored to your situation. They can help you understand your rights and the best steps to take to ensure you are fairly compensated for your work.