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Overtime Payment Violations in California.
Are you getting your fair share?
Workers are entitled to overtime. Overtime is good. It means that if the boss wants to make you work extra, they have to pay you extra. Getting paid hourly is usually better for employees, but most employees mistakenly think getting a salary is better.
Many large and well known companies cheat their employees by misclassifying them as salary workers. This enables them to work the employees for more than 8 hours in a day, and more than 40 in a week, and avoid paying any overtime. This is a great way to save money but it is at the expense of the employee.
In California, like many states, the law requires workers to be paid by the hour, unless they meet one of three narrow exceptions for people like artists, administrative staff or managers. Don’t be fooled. Its usually better to be paid hourly and get overtime rather than work a salaried position where you have exemptions from the normal rules. Workers are fooled because they mistakenly believe that a salaried position is more prestigious and hence more desirable.
Check with an attorney to see if you are properly classified. Many companies misclassify their employees by simply calling them “managers”. They are not managers however. But they are given that title in an attempt to avoid complying with overtime laws. It would be like McDonald’s calling the French fry cooker "Manager of the French Fries" so that they could work 12 hour days with no OT. If your employer did misclassify you, in other words they should have been paying you overtime but made you a salary worker instead, then they probably owe you quite a bit of money. Check with an employment attorney if you feel you have been misclassified as a salaried worker.
Additional information is available at the State of California's Department of Industrial Relations' site here.
If you believe you have not received your fair share call us today at (818) 640 - 0544 for a FREE consultation, or submit your details in the box above and an experienced California employment attorney will call you immediately.