Unpaid overtime pay/Salaried in CA

[BisnettRJ2]

I am the head of Loss Prevention for a company in California. I make 24000 a year. I have been working 50 to 55 hours per week (10-15 hours per week overtime) since taking this position on April 1. I was unaware that I needed to make more than $28080/year in California to be ineligible for overtime benefits. When I was told this today, I calculated my unpaid overtime at anywhere from $4875 (10 hours OT/week) to $7312.50 (15 hours OT/week). First, are there any special exemptions in California that could mean I am in reality ineligible for overtime pay? If not, what are my options for recovering this unpaid overtime pay?

[LConnell]

You're right in that, in California, the minimum salary amount for exemption is equal to 2 times the state minimum wage for a full-time employee. On that basis, the minimum salary for an exempt employee must be at $28,080. Because you make $24,000, you are not-exempt from the overtime provisions.

To make a claim for unpaid overtime, you can file a claim with the Division of Labor Standards Enforcement. Information on filing a claim may be found at: http://www.dir.ca.gov/dlse/HowToFileWageClaim.htm

Let me know if you have any other questions. Good luck.

[BisnettRJ2]

My bosses haven't responded to my questions about my unpaid overtime. If they terminate me, what recourse do I have?

[LConnell]

If you file a claim with the state (and you should, as soon as possible), termination may be seen as retaliation and is against the law. At that point, the state will pursue the issue for you.

Be sure to file a claim as soon as possible....it is in your best interest.

[BisnettRJ2]

My boss has now told me to come up with a number that 'both he and I can accept' in regards to my overtime hours worked. I never logged anything, as I didn't know I was eligible for overtime until last week, so all I have is circumstantial evidence of my time worked for 90% of the last 6 months. Is my boss within the law when asking me to come up with a number so we don't have to go to the labor board?

[LConnell]

Is he within the law? Technically, no, as employers are required to track all hours worked by a non-exempt person. You can still file a claim with the Wage and Hour Division. However, if you don't have the records and he doesn't either, the wage and hour people will probably try to get you to estimate the number of hours. You'll probably end up where you are now with one difference. He will be penalized, etc., forthe non-compliance. Do you want to go through that with him? It's your call.

Let me know if you have any other questions.