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Written by Tymon Hytem
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Saturday, 10 May 2008 07:01 |
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It is shocking, but true, but managers are made to suffer with long hours, fatigue and in many instances broken personal lives, all with no extra overtime pay. If you can take 60 seconds to read this article, you could very well be thousands of dollars richer if in fact you are determined to be non-exempt and entitled to overtime pay.
In California, as well as other States in the U.S., employees that are classified as exempt are those who are salaried and hold positions such as executives, doctors and lawyers to name a few.
Key 1: An exempt employee is given a salary.
So, whether an exempt employee works 40 hours or 25 hours, they are paid the same salary. Exempt employees are not required under the California Labor Law Overtime to receive overtime pay from their employer. Non-exempt employees are those who are only paid for the amount of hours that they work. Non-exempt employees are eligible for overtime pay from their employers under the overtime law.
Key 2: Non-exempt employees’ rights are protected under The Fair Labor Standard Act. According to the law, non-exempt must be paid the federal minimum wage plus overtime pay if they work more than 40 hours in a pay period (or in California over 8 in a day). Non-exempt employees are also required to be paid one and one half times base pay for overtime and double time over 12 hours in California.
Key 3: Exceptions to the California Overtime Law
Managers are also classified as exempt employees under California Labor Law Overtime. Therefore, employers are not required by law to pay their managers overtime pay unless the employee is a resident manager of homes for the aged. In order for a manager to receive overtime pay, the residential home must have less than eight beds (with eight patients).
An employee may work over 40 hours or more than six days in a workweek, during an emergency. According to the California Overtime Law, the employee must be given no less than one and one-half times employee\'s regular rate of pay for overtime. Employers are not required to pay their managers double time pay.
Key 4: Many Managers Are Truly Non-Exempt and Entitled to Overtime
If you are a manager or assistant manager and spend 50% or more of your time doing non exempt tasks such as merchandising, cleaning up, counting money, you may be entitled to back overtime pay.
If you believe you have been misclassified, talk to an experienced California Overtime Pay attorney now.
By: Kathleen Armitage
Article Source :
Kathleen Armitage is a freelance journalist who frequently contributes and comments on California labor issues. Learn more by visiting web sites such asLabor Attorney and California Labor Law|| |