Legal Question in Employment Law in California
I work for a security company and am paid an hourly rate. I worked overtime in a pay period (2 wks) and was told by the VP J. E. via telephone conversation that if i wanted to stay as a district manager that i could not claim overtime if that was the case then he would find someone else that could fill the position. The DM position is for someone whom is an asset for the company and not against it. Once you begin to claim overtime then you no longer are an asset and are not looking in the companies best interest.
so my question is since i did not claim overtime and did not get paid for it and now they reduced my hours to oncall 1 or 2 days a week, should i have not brought up the issue of overtime? (the issue occurred during 90 day probation period)
-APS Sgt.
1 Answer from Attorneys
Employers cannot have it both ways...either you are exempt from overtime or not. Exempt positions are defined by law, not by the employer. It depends on what you do for your job. You say you are a district manager. If you perform managerial duties more than half the time, in a pay period, you are an exempt employee and should be paid a salary of no less than two times the minimum wage, regardless of how many hours you work.
If, however, your title is in name only and you perform non-managerial duties more than half the time, you are probably non-exempt and must be paid for all overtime hours worked, at overtime rates. It is unlawful for an employer to retaliate against an employee who questions the legality or accuracy of your pay.
Security companies are notorious for pay violations. I suggest you consult with an experienced employment law attorney, in your area, to get a more informed legal opinion and to explore your options.
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