Should I be getting paid overtime?
Salaried employees who are classified as “managers” are improperly classified as exempt. In order to be properly classified as an exempt employee, managers must be paid a salary of no less than twice the minimum wage; and must supervise (which generally must include the power to hire and fire) two or more employees; and must customarily exercise independent discretion; and must spend more than 50% of the time performing those managerial tasks, rather than the same sort of work as their hourly underlings.
What often happens in California:
Employers will simply add a small amount of managerial authority to a crew member, call that crew member the manager, and put them on a salary. While there is nothing wrong with do that, it does not excuse an employer from paying overtime if that salaried worker then works more than 8 hours per day or 40 hours per week. When improperly classified employees work long hours, they may be entitled to overtime pay reaching back four years.
Under federal law, an employer that knowingly and willingly refuses to pay you overtime wages may have to pay you an additional penalty over and above your unpaid overtime. You may double your unpaid overtime, plus attorneys’ fees. Under California law, an employer who willfully withholds overtime pay can be liable to pay you a penalty of 2% of the amount of monthly overtime pay arrears.
The Sacramento Overtime Attorneys of Bowman & Associates have worked with clients across California. If you or someone you know has legal questions, contact our experienced hours, wages & overtime law firm today. We offer free consultations.
Resources: U.S. Department of Labor’s Wage & Hour Division, Turley Law Firm
Sacramento Family Law Attorney Robert Bowman helps clients across California. If you or someone you know has legal questions regarding divorce, child support, child custody, or spousal support cases and more, Robert Bowman is an aggressive advocate for your rights.
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