Employee
11-08-2006, 11:34 AM
Also, the company in question was sold but still operates with the same management. Will it be possible to collect owed OT?
Basically, the situation is this:
I just now found the following from ca.gov:
"Q. Is a bonus included in the regular rate of pay for purposes of calculating overtime?
A.
Yes, if it is a nondiscretionary bonus. A nondiscretionary bonus is included in determining the regular rate of pay for computing overtime when it is based upon hours worked, production or proficiency.
Discretionary bonuses or sums paid as gifts at a holiday or other special occasions, such as a reward for good service, which are not measured by or dependent upon hours worked, production or efficiency, are not included for purposes of determining the regular rate of pay."
This company paid me an hourly rate (which depended on weekly statistics), based on proficiency/productivity and availability while clocked in. In addition, I worked several hours (forced by my manager, who was fired a few months later), off of the clock, however call records will back-up the fact that I worked these hours (it's a call center).
I was paid overtime based on a regular rate of $7.00 per hour, however my true hourly pay based on my performance was between $15.00 and $20.00 per hour. In Addition to this were the hours not counted toward my worked hours due to having worked off the clock (but, this can be accounted for in their records).
My question, can I collect this owed pay? If so, how would I go about contacting this company (I have not made any attempts yet)? I ask if I can collect because it's been so long since this occured, regardless it was money that I was owed.
What should I do?
Basically, the situation is this:
I just now found the following from ca.gov:
"Q. Is a bonus included in the regular rate of pay for purposes of calculating overtime?
A.
Yes, if it is a nondiscretionary bonus. A nondiscretionary bonus is included in determining the regular rate of pay for computing overtime when it is based upon hours worked, production or proficiency.
Discretionary bonuses or sums paid as gifts at a holiday or other special occasions, such as a reward for good service, which are not measured by or dependent upon hours worked, production or efficiency, are not included for purposes of determining the regular rate of pay."
This company paid me an hourly rate (which depended on weekly statistics), based on proficiency/productivity and availability while clocked in. In addition, I worked several hours (forced by my manager, who was fired a few months later), off of the clock, however call records will back-up the fact that I worked these hours (it's a call center).
I was paid overtime based on a regular rate of $7.00 per hour, however my true hourly pay based on my performance was between $15.00 and $20.00 per hour. In Addition to this were the hours not counted toward my worked hours due to having worked off the clock (but, this can be accounted for in their records).
My question, can I collect this owed pay? If so, how would I go about contacting this company (I have not made any attempts yet)? I ask if I can collect because it's been so long since this occured, regardless it was money that I was owed.
What should I do?
