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overtime and minimum wage, and expenses California

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  • overtime and minimum wage, and expenses California

    I am an on the road carpet tech supervisor and my boss declines paying over time, i work over 8hrs a day quite often. i did find out there are different forms of how over time has to be paid depending on your hours or worksheet, i work 7 days a week for 4-6 weeks straight so would the over time be paid for anything over 8hrs or 40hrs a week?

    also i did find out that there are different forms of minimum wage required by law so would a job like this that takes you on the road and out of state for these period of time be one of the ones that require a higher minimum wage?

    also part of my job has me booking business for the company so i have to spend all of that time on the phone but because we stay at hotels i have to use a cell phone to save on charges but a company cell phone is not provided.
    does my boss have to supply a company phone for this part of the job since it's required to do it or since my personal phone is used to do it does he have to pay some of the bill for the business usage?

  • #2
    1. You said "supervisor". Take a look at the following and see if it applies to you. These are the federal rules (first webpointer). You are in CA which means that CA has some more complicated rules that also need to be looked at (2nd webpointer, chapter 53). The federal rules are less complicated, and if you fail those, you also fail the CA rules. You basically need to find out whether or not you legally qualify for the Executive exception prior to most of the rest of your questions making much sense.

    http://www.dol.gov/whd/regs/complian..._executive.htm
    http://www.dir.ca.gov/dlse/Manual-Instructions.htm

    2. The employer is not legally required to supply you with a cell phone, but the employer is required (in CA) to reimburse you for any work related expense.

    CLC 2802.
    (a) An employer shall indemnify his or her employee for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties, or of his or her obedience to the directions of the employer, even though unlawful, unless the employee, at the time of obeying the directions, believed them to be unlawful.
    (b) All awards made by a court or by the Division of Labor Standards Enforcement for reimbursement of necessary expenditures under this section shall carry interest at the same rate as judgments in civil actions. Interest shall accrue from the date on which the employee incurred the necessary expenditure or loss.
    (c) For purposes of this section, the term "necessary expenditures or losses" shall include all reasonable costs, including, but not limited to, attorney's fees incurred by the employee enforcing the rights granted by this section.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Overtime.
      http://www.dir.ca.gov/dlse/FAQ_Overtime.htm

      Are you paid on an hourly or salaried basis? If the latter, and that salary is at least $640/week, the employer MAY be considering you as exempt.

      Re minimum wage, where are you getting that statement? MW is fixed in CA and, since you are based in California, that MW would almost certainly apply even on your out-of-state trips.

      The employer doesn't have to provide you with a cell phone, but he does need to "make you whole" when you use your own phone.
      2802. (a) An employer shall indemnify his or her employee for all
      necessary expenditures or losses incurred by the employee in direct
      consequence of the discharge of his or her duties, or of his or her
      obedience to the directions of the employer
      http://www.leginfo.ca.gov/cgi-bin/di...file=2800-2810
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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      • #4
        jinx DAW.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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