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overtime, sick and vacation pay California

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  • overtime, sick and vacation pay California

    Is it legal for your employer to pay you straight time when you work overtime? I have worked a 46 hour week and didn't get any overtime, just my regular wage. Also, is it legal for an employer not to offer sick time or vacation time?

  • #2
    To answer the second question first, yes, it is legal for an employer not to offer vacation or sick time. No law in any state requires an employer to offer either.

    As far as the second question is concerned, are you exempt or non-exempt?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      That depends on your job clasification and the number of employees your (former) employer has. Contact the department of labor. You can do a web search and find the closest one to you.

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      • #4
        I am exempt and there are approx. 25 people employed at the company. they don't pay anyone overtime, even the technicians, they only pay them straight time. Also they say that people are salary but if they miss an hour they are docked for it, no matter if they work 4 hours overtime w/in the same week.

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        • #5
          If you are exempt, you are getting a gift from your employer by being paid overtime at straight time. An exempt employee has no legal expectation of EVER receiving ANY overtime.

          But are you sure you mean exempt? Exempt and salaried are not synonymous.
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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          • #6
            Ok, what does exempt mean? haha

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            • #7
              Originally posted by jenneedshelp View Post
              Ok, what does exempt mean? haha
              Seriously?
              http://www.dol.gov/esa/regs/complian...a_overview.htm
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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