Overtime Pay

Answer:

I received a call last week from an employee who had questions regarding something that happened at work. We were having a discussion, and I asked them, “Where were you when this happened?” The employee said, “Well, I was still at work.” I said, “Well, what time did it happen?” They said, “About 6 pm.” I said, “What time did you get there?” They said, “7 am.” I asked the question, “So you were making overtime at the time?” They said, “No, no, no. I’m salaried.” So, we start this question as to how much they made, what type of duties they had, and the client was getting frustrated because I was asking so many questions about their type of work. They kept saying, “I’m not entitled to overtime because my employer told me I wasn’t entitled to overtime.”

As an employment lawyer, just because your employer tells you that you’re not entitled to something, doesn’t mean they’re complying with California law. You take an example like overtime. In California, employees have a lot of protections as to whether or not you’re entitled to overtime. In California, most employees are entitled to overtime after eight hours in a day. Whether or not your employer classifies you as salaried or not isn’t really relevant. If they pay you a flat rate for the entire day, that doesn’t address the issue as to whether or not they have to pay you for compensation over eight hours in a day. Whether or not you’re entitled to overtime, whether or not your employer has properly classified you as exempt, whether or not you’re working for a flat rate, and whether or not they’re asking you to work off the clock, all of those issues are really fact-intensive questions. I would encourage you, if those are issues that you’re having, or if you’re having issues related to missed meal or rest breaks, or any issues that you have regarding the manner in which you’re being paid, we’re happy to talk with you about those issues. Give us a call if you have any questions regarding any type of wage and hour issues. We’re here to help you.