PDA

View Full Version : OT for Bosses' Assistant California


j3barry
07-31-2006, 09:01 AM
My situation is unique, I was hired as an hourly employee seven and a half years ago, but within two years was shifted to salary without any formal documentation of the move, only verbal. I was told that I might have to work overtime, but would be allowed to have Friday afternoons off in return. However, I only used this Friday afternoon off option on a dozen occasions due to my work load.

Three years ago, my responsibilities were increased again, and what had been occasional overtime became standard procedure as my eight-hour day quickly grew into a nine- or ten-hour day, with weekends often icluded as well. To keep an independent record of my "overtime" hours, I clocked out daily in order to validate my eligibility for compensating time off. With out adding ALL my time cards up 2 (hrs) x 5 (days) x 52 (weeks) x 3 (years) is approx. what I feel they owe me.

I have now left the company due to this and other issues, but it seems management has conveniently decided that I am no longer to be properly compensated for those extra hours. Further, when I would take time off for personal matters, hours would be deducted from my sick-time, PTO or vacation allotments and not my comp. time.

I would like to know my rights, in other words is the company required to pay me for those extra hours I had worked on the promise of compensating time off?

Thank you for any assistance.
Great Title but Poor Pay

ElleMD
07-31-2006, 09:25 AM
It depends on what your duties were as to whether or not you are actually eliible for OT. You can find more info here http://www.dol.gov/esa/regs/compliance/whd/fairpay/fact_exemption.htm

If you were improperly denied OT you can file a claim with the state DOL.

Pattymd
07-31-2006, 09:30 AM
First of all, we have to determine whether you could be classified as an exempt employee. If so, it would probably be under the Administrative classification. See it here:
http://www.dir.ca.gov/IWC/IWCArticle4.html

Now, if you DO meet the criteria to be classified as an exempt employee, there are no circumstances under which you are entitled to any additional compensation for "overtime" worked, including accrual of comp time. Therefore, unless the "promise" could constitute an enforceable contract (which is unlikely), you would have no legal recourse to be paid out that comp time earned.

And if you didn't meet the criteria, unless you work for a government agency, the employer cannot legally substitute accruing comp time (over multiple weeks/pay periods) for overtime pay, even if you agreed.

j3barry
07-31-2006, 04:10 PM
Lesson Learned, I can NOT see where being "Exempt" is a benefit, that is unless you own the company and in that case you can do as my employer did, do what ever the heck you want knowing they have you!

So, my Ex-employer has taken advantage of the past 3 years I have worked long & hard for him and banked aprox. 23k (of my blood, sweat and tears) while I worked for him, docked my pay when I was sick or on vacation or used my sick time.

Nice, sounds fair to me... as they say "the rich get richer and the poor get nothing"!

:(

joe916
07-31-2006, 05:05 PM
Ca. exempt?
http://www.dir.ca.gov/dlse/FAQ_OvertimeExemptions.htm

Wage claim.
http://www.dir.ca.gov/dlse/DistrictOffices.htm

Pattymd
08-01-2006, 04:31 AM
There ARE advantages to being exempt, as well as "disadvantages", just as there are advantages and disadvantages to being nonexempt.

Nobody said you don't have legal recourse. You can file a claim for unpaid overtime with the Division of Labor Standards Enforcement. Or you can file a private law suit.

California Labor Law Posters
Comply with California regulations with one Complete California Labor Law Poster.
Trusted with customer satisfication.
Call (800) 745-9970 or shop online at www.LaborLawCenter.com.