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View Full Version : California Unpaid overtime for non-exempt


diaz0516
10-18-2006, 06:00 PM
I believe I am a non-exempt salaried employee, I do not meet any of the testing requirments to be considered exempt, however for the last 5 months at one job and 1 year at a previous job I was not paid overtime for enormous amounts of overtime worked. I was told by both employers that I was considered exempt because i was saleried and because they gave me the title " Sr. Loan processor". is this true? I feel I am eligibale to collect for unpaid overtime from both previous employers.

In addition, I would like to mention that I was rarely allowed a lunch break and whenI was allowed to leave for lunch they often called me back before my lunch was over and forced me to eat at my desk. Can they do that?

joe916
10-18-2006, 06:52 PM
I was told by both employers that I was considered exempt because i was saleried and because they gave me the title " Sr. Loan processor". is this true?
No, file a wage claim.

In addition, I would like to mention that I was rarely allowed a lunch break and whenI was allowed to leave for lunch they often called me back before my lunch was over and forced me to eat at my desk. Can they do that?
Not without paying you the extra hr. Include in wage claim.
http://www.dir.ca.gov/dlse/DistrictOffices.htm

diaz0516
10-19-2006, 07:20 AM
You were right!! I called an attorney since out labor enforcement office case load is out 6-8 months just for a hearing. the attorney told me that in fact I am a non-exempt salaried employee. I am so happy to hear that. We are filing the lawsuit this week.

Thank you for your answer.

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