Legal Question in Employment Law in California

Overtime Pay

I was just laid off on May 9th from a start up where I was a salary employee (I did not supervise anyone). I was told that I was needed to work over time and was also told that because I was salary that this was part of my job. I was able to calculate out my overtime hours that I feel I am owed. This comes out to 38.7 hours (not including 2 business trips...one for 6 days and the other for 5 days....I only got reimbursed for my costs on those trips....no per diem....do I include those as well?) They have offered to pay me two weeks severance and benefits until the end of this month (today)...To get my severance I have to sign a seperation agrement form, which is due to my old employer by June 23rd, that releases them of any further obligation to me. I would like to find out two things please....What are the California labor Laws regarding overtime pay for salary employees also will I jeopordize my serverance pay by requesting to be paid for my overtime hours (also should I include my two business trips in the hour total?) I hope I have been clear. Thank you!!!!


Asked on 5/31/07, 11:27 am

1 Answer from Attorneys
Alden Knisbacher knisbacher law offices

Re: Overtime Pay

Whether they owe you money for your overtime (and business trips) depends upon whether more than 1/2 your day is spent in work that is non-management and non-administrative (work that is related to production or sales, for example, is not administrative for purposes of overtime.) The overtime law is fairly complicated. . . You should ask for everything, and see what they will give you -- or have an attorney negotiate for you. (If they owe you overtime, they also owe you a penalty for not paying all monies owed you when they laid you off -- the penalty is one day's wage for each day that you do not receive all wages owed -- up to 30 days.)

Read more
Answered on 5/31/07, 12:50 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in California