Legal Question in Employment Law in California
Overtime -- Exempt vs. Non Exempt
Presently a PC Support Tech person (I provide support to end users of software) I do not fall into any of the categories for exempt personnel (including the definition specifically designed for MIS personnel).
In my employee profile, I am categorized as Non-Supervisory. I have kept copies of my time since 7/27/01. Since then, I have worked 185.60 hours of overtime (aggregate) with half a dozen or so days in excess of 12 hours. Additionally, I am the only female in the department of six -- all male employees enjoy Non-exempt status.
The nature of the business and the origin of ownership are such that I could not afford to risk the possibility of NOT winning.... please advise as to whether it would be wise to pursue further and what type of counsel to engage.
2 Answers from Attorneys
Re: Overtime -- Exempt vs. Non Exempt
You can file a claim for overtime wages with the California Labor Commissioner. You are entitled to your overtime wages, plus penalties for willful violations of the Labor Code. You may want to consult an attorney with experience in wage and hour law. My Office would be happy to speak to you about your claim. (415) 440-6662.
Re: Overtime -- Exempt vs. Non Exempt
Obviously, you must weigh the financial benefits of recovering what is owed to you vs. the potential harm to your reputation in the industry. While it is illegal to retaliate against you for making a wage claim, being labeled as a trouble maker is ever present. If the money and principle of the matter are important to you, seek the assistance of an attorney experienced in labor law in your area to advise you on whether it is more advantageous to file suit in court, a wage claim with the Labor Commission, or attempt to reach a settlement by letter from the lawyer. You can also discuss factors to determine if there is a discrimination claim. You can go back 3 years for the overtime claim, but there are more strict time limits for any claim of discrimination.
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