Overtime

[sriley4]

I work for Countrywide Home Loans in California and I was recentley changed over to a salary employee. My supervisor told me, now that I am a salary employee I can not be paid for overtime. Is it true that in the state of California in order to be exempt from being paid overtime I need to atleast make $28,080 a year?
Thank you

[LConnell]

Yes, it is true. California requires that persons who are exempt make at least two times the monthly equivalent of the state minimum wage of $6.75 per hour. The calculation is as follows: 6.75 X 173.34 hours in a month = $1,170. That number times 2 = $2,340. $2,340 times 12 months in a year = $28,080.

For those of you outside of California: that salary amount is only applicable to California.

Let me know if you have any other questions.

[sriley4]

I took this issue to the Human Resources Manager and she advised me that they couldn't help me and they would see who I need to take the issue to. I thought that HR was for any issue that had to do with illegal issues, is that not correct? Also what should my next step be to make sure that I get reimburssed for all the overtime that I did work?
Thank you,
sriley4

[LConnell]

Like any other corporate function, HR is only as good as the people assigned to the department and the authority given to them.

For outside assistance, you can file a wage claim with the state of California. Procedures for filing a claim may be found at: http://www.dir.ca.gov/dlse/howtofilewageclaim.html

Good luck and let me know if you have any other questions.

[sriley4]

What are a few Labor Law Codes that I can referance if I need to when I speak to another represenative in HR?

[LConnell]

It is in Section 515 of the California Labor Code. This portion of the code may be found at: http://www.leginfo.ca.gov/cgi-bin/di...0&file=500-558

Let me know if you have any other questions.

[sriley4]

Thank you so much for all your help and information. It is much appreciated.
Sriley4

[sriley4]

I have spoken to 3 different managers about my overtime/salary issue and I wanted to know if it is possible or if is against the law to ask for interest on the money that I will be retro-paid?
I see it as if I would have had the money back in June until now I "could" have had the money in my savings account accruing interest.
Is it possible to receive interest?
Also I am not sure if I really should get a lawyer involved in my case because I seem to be getting the "brush off" from management.


Thank you,
sriley4

[LConnell]

There is no law that requires interest that I am aware of. And, while you can try to find an attorney to help you, chances are great that most reputable attorneys will not. Those that may will require you to pay them on retention as opposed to a contingency rate.

[LConnell]

I should have mentioned that if you file a claim with the state, there is a possibility that the employer can be required to pay a penalty. However, that would only happen if the state felt that the employer willingly violated wage and hour law.

[sriley4]

Would I just have to take my chances on filing a claim and winning?

[LConnell]

I don't see any other reasonable recourse for you.

[sriley4]

I also have another issue that I would like addressed if possible. On the day before Thankgiving my company closed down 2 hours early but granted us 8 hours of pay, but we actually only worked 6 hours. I worked overtime from 6:30 am to 8:00am but got off at 3:00 pm due to the company shutting down. On my pay check I was unable to put in that I worked overtime.
I feel that I should be paid the overtime that I did work even though I technically did not work a full 8 hour day.
I was told by payroll that the company was not going to grant me the overtime pay due to the fact that I technically did not work an 8 hour day.
Is this against the law?
Also, is there a labor code that referrances this?

Thank you,
sriley4

[LConnell]

Your employer is correct. Overtime is paid on hours worked over 8 in a day (in California). You can read more about California overtime at: http://www.dir.ca.gov/dlse/FAQ_Overtime.htm

[AndrewAK]

Under what exemtion criteria did your employer reclassify you?

The FLSA only provides a national standard. Individual State laws take prescience. I’m not familiar with California law, but according to lconnell’s numbers, $2,340.00 translates into $585.00 each week. Each exemption of the new overtime rules has a requirement of $455.00 each week, or $1820.00 per month, $21840.00 per year. If you are a salaried employee, 29CFR Part 541 §541.602 is applicable to your situation. It sates that a salaried employee shall be paid on a weekly, or less frequent basis, a PREDTERMINED AMOUNT…WHICH IS NOT SUBJECT TO REDUCTION BECAUSE OF VARIATIONS IN THE QUALITY, OR QUANTITY OF THE WORK PERFORMED.

There are some exceptions to this rule that are listed within this section of code. Be advised that an employer cannot simply change your job title and call you an exempt employee. Your job itself has to qualify as an exempt job.

[sriley4]

Regarding my issue of being paid overtime as a salary employee because I am not making $28,080 a year, I was speaking to someone in a management position within a different company and they advised me that with my sistuation that I should be getting the greater of the 2 situations. For example, Countrywide me a salary employee but they didn't abide by the law correctly and because I caught they they are going to pay me for the overtime that I have worked, but aren't I entitled to the greater of the 2 which is being a salary employee?

[LConnell]

I could not find anything in California regulations that say that. You should contact the state and ask them. Please let me know their answer so that I have it for future reference. The state's website is at: http://www.dir.ca.gov/DLSE/dlse.html

[grenoble81]

hi, My Name Is Valerie, Im From Uruguay And I Stay Here At 2 Years, I No Have The Papers, And I M Working In One University In The Cafeteria IN NEWARK NEW JERSEY, I Work Regular 60 Hours A Week, And Sometimes More, Like 70 Or 75, I Have 1 Year Working In The Cafeteria And My Boss No Pay Me The Overtime, The Holydays, The Vacation, He No Pay To The State The Taxes For Me, And He Pay Me Cash, With No Check, I No Have Brakes And I Have One Friend Working With Me In The Same Situation, Today He Faired Me And My Friend With No Reason, I Need Help Because I Want To Reclaim My Money, I Need Know What I Need To Calculate The Money, I Calculate The Overtimes, But I Dont Know Calculate The Vacations And All The Other Things, I Need Know If I Can Do It, And What I Need, Thanks A Lot, Valerie

[AndrewAK]

First of all, if you are not a leagl resident of the state you currently live, you are out of luck. If you are legal, you should get someone (who speeks English), maybe an advocate group.

It sound to me like this employer was takeing advandage of you "questionable" imigration. And paying for labor via cash is an obvious way to avoid paying what employers are suposed to pay employees.

I hope things work out for you.