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Confused California Law limits my ability to earn income

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  • Confused California Law limits my ability to earn income

    I work for a company based out of Pasadena. To summarize my position I work from a home office in Texas as a National Sales Rep. The problem is that our company is enforcing the California laws as they understand them. Since we do not travel over 50% of the time we are not exempt. My base is $36k and commissioned once we exceed $xx.xx a month in GP.

    Here is what I don't understand, our company won't pay overtime, and I am forced to take lunch and work from 8-5 CST. Which means even if I wanted to work more then 8 hours a day to increase my commission and sales I am being forced to log off and not work. Is there a way around this law? I know many other companies in the same business with California reps that are not regulated by the 8hr day and time clock.

    I sure could use some help on this, my paycheck and family's survival depends on being able to grow my sales.

  • #2
    If you are asking whether or not there is any law that will prohibit your employer from limiting the hours that you work, the answer is that there is not. It is 100% up to your employer how many hours you work, regardless of what other companies may or may not do.

    BTW, the same applies in all 50 states. The law is never going to force the employer to allow you to work hours that they do not wish you to work.
    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.

    Comment


    • #3
      Is there a way around it

      My question is actually how can I work more hours without my employer being forced to pay overtime. It seems to me that this law limits my ability to provide for my family because even if I chose to work more hours I can not. Is there a way for the company to work around me having to clock in and out without traveling 50% of the time to be exempt from the law.

      How do we as sales people get the exempt status other then traveling 50% of the time?

      Could our company set up payroll in another State with less stringent laws on exempt status?

      How are other California companies allowing their employees to work longer hours without being exempt. I know it's happening I know at least 20 other people in the same industry that have or do work in California that don't have to clock in and out every day and I am 100% certain they aren't traveling 50% of the time.

      Since I work from home out of California, in theory I am out of the California office 99% of the time except when I go there for training?

      Comment


      • #4
        Under Federal law, which applies in all 50 states, if you do inside sales you are non-exempt. If you are non-exempt, your employer is required by Federal law to pay overtime. There is no getting around that no matter where you go in the US.

        And you are never going to find a law that says you can override your employer or force him to allow you to work overtime or change your status. This is 100% within the employer's control.

        I don't know what other employers are doing and it's irrelevant. YOUR employer only wants you to work these hours. That means that no matter what other employers are doing, YOU only work these hours.
        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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        • #5
          Agreed with the above. The problem is that overtime is a statutory requirement. Meaning that the government does not care even a little bit what employees and employers agree to, that if overtime is legally due, then it is legally due.

          http://www.dol.gov/whd/regs/compliance/whdfs23.pdf

          Overtime Pay May Not Be Waived: The overtime requirement may not be waived by agreement between the employer and employees. An agreement that only 8 hours a day or only 40 hours a week will be counted as working time also fails the test of FLSA compliance. An announcement by the employer that no overtime work will be permitted, or that overtime work will not be paid for unless authorized in advance, also will not impair the employee's right to compensation for compensable overtime hours that are worked.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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          • #6
            The way I'm reading the post, the employer is restricting the hours so that overtime is not worked, and the poster is looking for a way to require the employer to allow more hours to be worked.

            And there simply isn't one.

            Edited to add: DAW, I realized what you were saying about 90 seconds after I hit submit. Sorry about that.
            Last edited by cbg; 04-21-2010, 02:21 PM.
            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.

            Comment


            • #7
              Not a problem.
              "Reality is that which, when you stop believing in it, doesn't go away".
              Philip K. **** (1928-1982)

              Comment

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