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  • Exemption status changed

    For the past two weeks I have worked overtime. Upon reciept of my check this week I was not paid for my overtime. I took this up with HR and was notified I have been changed to exempt. I was not told ahead of time. Is this legal. Also I have done research and found out CA. law states I am to be classified based upon primary activity. Federal law is based on primary duty. I am a manager however I work in a production field and my primary activity is production. I do just as much if not more than my fellow employees. I need to know if CA law supercedes federal laws and if so do I have a legal gripe. Please any info would be greatly appreciated.

  • #2
    Originally posted by bizzyb512
    For the past two weeks I have worked overtime. Upon reciept of my check this week I was not paid for my overtime. I took this up with HR and was notified I have been changed to exempt. I was not told ahead of time. Is this legal. Also I have done research and found out CA. law states I am to be classified based upon primary activity. Federal law is based on primary duty. I am a manager however I work in a production field and my primary activity is production. I do just as much if not more than my fellow employees. I need to know if CA law supercedes federal laws and if so do I have a legal gripe. Please any info would be greatly appreciated.
    For California labor laws, go to this website: http://www.afscme.org/otherlnk/weblnk29.htm. For federal OT laws, go to this website: http://www.dol.gov/esa/regs/compliance/whd/whdfs23.htm.

    Usually, a state law must provide you with at least as much protection as a federal law. Therefore, if the federal law states that you are to be paid overtime, you should be paid OT regardles of the state law. If the federal law says that you are not entitled to OT, but the state law says you are, the state law would prevail.

    Good luck.
    In Solidarity,

    Wayne

    www.waynemarshall.org

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