| Q. |
What
is overtime pay? |
| A. |
Overtime
pay is additional compensation for working long hours. Usually,
overtime pay is one and a half times your hourly rate for every
hour over eight in one day or forty in one week. There also is
premium pay, usually twice the normal rate, for the seventh day
of work in a week, or for more than twelve hours per day.
These are general rules. Sometimes there are exceptions
described in the Wage Order which should be posted at the
workplace |
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| Q. |
Who
is entitled to overtime pay? |
| A. |
Most employees
are entitled to overtime pay, and many of them are unaware of
their rights.
Employees
are entitled to overtime pay unless they fit into a specific
exemption excluding them from such pay. In general, the most
common exemptions
are for "executive," "administrative"
and "professional" positions. There are technical
definitions for these terms which are not simply what most
people expect, so it is best to get an attorney's advice
on this matter.
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| Q. |
What
if I have agreed to be paid a salary, without extra compensation
for extra hours? |
| A. |
By law,
you cannot waive your right to overtime pay. You are entitled
to overtime pay, even if you have accepted a salary or agreed
that you will not be paid extra for overtime hours. |
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| Q. |
Doesn't
receiving overtime pay indicate that I have little responsibility
or importance? |
| A. |
No. Many
employees, although operating at a high level with significant
responsibilities, are not exempt from the overtime requirements.
The overtime laws provide broad coverage, and many higher level
employees are entitled to the extra compensation. |
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| Q. |
My
employer insists that I am exempt. Wouldn't It know best? |
| A. |
Not necessarily.
At times, employers deliberately fail to pay legally required
overtime pay in order to save money. Often, however, employers
are confused about the laws, and have not obtained appropriate
legal advice. |
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| Q. |
Can
I prove a claim if I have not kept time records? |
| A. |
Yes.
Indeed, in many cases daily time records are not kept,
particularly if an employee has erroneously been considered
exempt. Although time records help, claims can be supported by
other evidence, such as your personal recollection of your work
hours, or inferences from information in company records which
confirms your work pattern. |
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| Q. |
Should
I file a claim against my current employer, or wait until after
I've left? |
| A. |
Don't
wait. You should assert your right to compensation as soon
as possible, to avoid a limit on your claim due to passage
of time, to be able to gather the best evidence, and to begin
receiving your appropriate compensation.
Employees
are often concerned about retaliation for having brought a
claim. The law prohibits retaliation, and provides legal remedies
if there is such retaliation.
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| Q. |
How
far back in time may I go in making a claim? |
| A. |
In general,
you can make a claim for wages earned during the four years
preceding the filing of the overtime claim. |
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| Q. |
What
should I do if I suspect that I am entitled to unpaid overtime
pay? |
| A. |
Seek legal
advice. The laws are complicated. An opinion should be given
only by someone knowledgeable about the issues. You should have
a specific analysis done for any job in which you suspect you
were denied overtime pay. The initial consultation with our
law firm is free. Let us know if you are interested in hiring
us on a "no fee if no recovery" basis. |
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| Q. |
What
are the most common errors in classifying employees? |
| A. |
Employees
often do not spend sufficient time on exempt duties to be exempt.
For the "executive" and "administrative"
exemptions from overtime, you must spend more than half of
your work time actually doing exempt duties. For example,
someone with the title of "supervisor" who spends
little time in performing actual supervisory duties is not exempt
and is entitled to overtime pay.
Another
common misunderstanding is that the legal definition of "professional"
is very narrow. It does not include many employees who consider
themselves or are considered by others as exempt "professionals."
Examples
of frequently mischaracterized employees include:
- assistant
managers
- trainee
managers
- supervisors
also doing the same work as subordinates
- computer
programmers and analysts
- web
page designers
- accountants.
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