Legal Question in Employment Law in California
My employer currently has me classified as salary (exempt from overtime). To my understanding, in the state of CA, in order to be classified as such an employee had to make at least twice the minimum wage. I currently do not make twice the minimum wage, and certainly won't with the increases that are coming soon. I work a lot of over time, including working remotely from home (and weekends), accepting work emails to my personal cell phone and beyond my 8 hours in the office.
I don't want to lose my job, I just want to be compensated fairly. Any advice is appreciated.
2 Answers from Attorneys
It is unlawful for an employer to retaliate against an employee for complaining about or pursuing his or rights under the California Labor Code, though that does not prevent some employers from doing so. To protect yourself from retaliation, you want to make sure that your complaints are documented in writing so that if your employer does terminate or take other retaliatory action against you, you have a record of having complained. Please give me a call (213) 381-6557 or send me an email ([email protected]) if you would like to discuss the matter further.
Best,
Ari Leichter
Many people erroneously think that because an employee is paid on a salary basis instead of on an hourly basis, that he/she is exempt from overtime. That is not true. Whether you are exempt or nonexempt depends on your duties. There are four types of exempt employees: Executive (owners of the company), Professionals (doctors, attorneys, some CPAs, etc.),some computer technicians and administrative (the most common). Whether a worker is exempt or nonexempt depends on his/her duties. Call an employment law attorney to discuss. If you are owed overtime, you can assert your right to be paid it and it is unlawful for your employer to retaliate against you for asserting your right to it.