Who do I file with and/or what forms do I fill out? I'm exempt but qualify for overtime under computer professional (California) for the years 2006-2008.
It only amounts to about $1000 but hey it's money. I also understand I can get the same amount filing with the Feds under the law. I would see a lawyer but there's not enough money involved.
cbg
06-06-2008, 01:12 PM
Exempt and qualify for overtime are mutually exclusive. Even in California, that's what exempt MEANS - that you are exempt from overtime rules.
hex101
06-06-2008, 01:21 PM
OK, under certain circumstances I become non-exempt and that's what has happened. So my original question still applies.
DAW
06-06-2008, 02:35 PM
Exempt and Non-Exempt are mutally exclusive conditions under federal law (FLSA). What you are describing is not legally possible. Under law, an employee is either 100% Exempt or 100% Non-Exempt.
ScottB
06-06-2008, 02:45 PM
OK, under certain circumstances I become non-exempt and that's what has happened.
No, you are either one or the other. You should not be flipped from one to the other at the convenience of the employer or for your financial benefit.
hex101
06-06-2008, 02:49 PM
Let me clarify. My company considers me exempt since they hired me in 2005. However, under California law, in 2006-2008 I qualify as non-exempt and want to get my overtime. I am now exempt again as of 2008 because the laws in California were changed again. Make sense?
ScottB
06-06-2008, 03:20 PM
It is plausible.
You can file with DLSE and find out if they agree that you are owed overtime.
I see no point in me paying any more attention to this thread.
hex101
06-06-2008, 03:47 PM
Thanks for the DLSE for the California filing.
Does anyone know how to go about getting the liquidated damages from the Federal Government? The state can not award liquidatd damages, only the Feds can.
cbg
06-06-2008, 03:54 PM
If you are exempt under Federal laws, they're not going to help you get overtime pay under CA laws.
hex101
06-06-2008, 04:08 PM
That's a good point. I'll look into that.
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