Legal Question in Employment Law in California
Overtime
I recently resigned from a job where I was, in title, an operations manager. I managed no one in this company but was required to work 50 - 60 hours a week. Overtime was not an issue since I was, in title only, the Operations Manager. It came to my attention that salary exempt employees can be entitled to overtime if they were docked vacation time every time they left early. For example. I would come to work at 7:30 and work until 2:00 PM, They would dock me 4 hours of my vacation time for leaving early. IS this true that I am entitled to my overtime? I asked for my overtime when I resigned but was informed I was an exempt employee. I don't want to confront them until I have all the facts. Should I go to the labor board or should I get an attorney? This is just 1 of the issues. The other issue I have is the fact that the Operations Officer yelled at me often in front of other employees. This was too much for. I tried for many years to make it work. I have even been put on Paxil by my DR for stress. What should I do?
4 Answers from Attorneys
Re: Overtime
The general rule is that if more than 50% of your time is spent in non-managment work, then the employer is required to pay you overtime. There are several exemptions to that rule, the main ones being the managerial, administrative and professional exemptions. Each of those exemptions requires the employer to prove that because of the type of job, the employer was not owed overtime. The managerial exemption requires that an employee spend more than 50% of his time in managerial work -- managing employees; and that the manager have discretion (basically, a degree of independent authority. . . ) Many businesses call employees exempt when the employees really are not exempt -- and avoid paying overtime, until they are sued to correct the error. If you file a claim with the Labor Commissioner, you can seek to recover up to three years of overtime, plus interest plus penalties of up to 30 days of wages owed; In a civil lawsuit you can seek to recover 4 years of unpaid overtime. . . These cases can also be brought by you on behalf of the entire workforce (not necessarily a class action, but the same effect.) The good thing about overtime cases is that they do not have issues of proof regarding job performance, which are normally issues in wrongful termination types of cases. . .
Re: Overtime
By your description you may not be exempt. Your work duties, your authority, your wage amount and deductions can all be a factor in determining your status. Give me a call to discuss your claim in more detail
Re: Overtime
It appears questionable whether you were exempt as satisfies CA and Fed law. If you were and they docked your salary, you may be able to collect overtime based on fact they docked your salary for hours out. Call if you wish to discuss
Re: Overtime
Exemption issues are difficult to assess without complete information. From your description, you may indeed have been misclassified as exempt and be entitled to overtime pay. Docking your vacation pay is another indicia of mis-classification and/or misuse of exemption classification. For more information, please visit our website and/or contact our office at (800) 447-5549, www.righettilaw.com
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