Employers often take advantage of employees by shaving their paychecks – for example, improperly calling employees “exempt from overtime,” depriving them of earned overtime compensation by making them work
off-the-clock, failing to pay them proper commissions, and failing to reimburse
them for expenditures they have made on behalf of the employer. Though usually
these incidents are small each time they occur, they add up to major wage theft
over time – your money and that of your co-workers, being used to inflate your employer’s bank account. You do not have to tolerate it. Also, if you have had your wages
stolen, your employer may owe you interest, penalties and liquidated damages – so the amount you can recover is potentially much greater than what you lost in
the first place.
Most employees in the workforce nationwide are entitled to be paid 1.5 times
their regular rate of pay for all hours they work over 40 in a week. In
California, most employees are entitled to time-and-a-half for each hour over 8
in a day – and double-time for hours over 12 in a day (or over 8 on the seventh
consecutive day of work). There are certain narrow exceptions to these rules – but employers often try to make a square peg fit in a proverbial round hole,
saying that an employee falls under one of these limited exemptions and is not
entitled to overtime, when in fact, he or she should be getting paid extra
wages.
In the first place, you cannot be denied overtime if your employer deducts from
your wages when you miss part of a day’s work. This is called the “salary basis” test – that is, to be potentially exempt from the overtime requirement, you must be
paid a true salary and receive the same base pay regardless of how many hours
you work in a particular week.
Also, your duties must be of the exempt nature. True executives, professionals,
and administrative employees are generally exempt from overtime. However, your
actual job duties (not your position title) determine whether or not one of
these exemptions applies to you and your similarly-situated co-workers.
For example, just because you might have some supervisory responsibilities does
not necessarily mean you are exempt from overtime. Many employees with titles
like “assistant manager” and “manager” have been held by courts to be entitled to overtime compensation.
Likewise, the fact that you have a college degree does not mean that the
professional exemption applies to you – this exemption is meant for people doing work that requires a particular
certification/educational background, such as attorneys engaged in the practice
of law, or doctors engaged in the practice of medicine. Even if you have a
graduate degree, you may not be subject to the professional exemption. For
example, if you have a business degree, but you are primarily paid a base
salary and engaged in selling products or services from your office, you are
likely entitled to overtime.
Similarly, just because you are called an Administrator or Administrative
Assistant, does not mean that you are subject to the administrative exemption.
You must have duties that require the exercise of a fair amount of discretion
and independent judgment as to matters of significance at the employer, and be
working in the management or general business operations of your employer.
Particularly in California, if your job is one dedicated to producing the
products or services that are the bread and butter of your employer – as opposed to the overall administration of the employer’s operations – then you should be receiving overtime pay.
If you believe your employer has misclassified you as exempt, when you should be
receiving overtime, contact Hoffman & Lazear today for a free initial consultation.
Employers often try to nickel and dime their employees in ways that violate
state and federal law, by making them work off-the-clock. For example, you may
have an “off-the-clock” claim: if you must get to work early, before clocking in, to prepare for your
shift; or, if you typically have to use unpaid time to put on and take off
certain gear required by your employer; or, if you are forced to wait in a long
security line before and after your shift; or, if your employer has a policy,
practice, or procedure that discourages or prevents you from recording all of
your earned overtime.
All of these “nickels” and “dimes” could add up to many dollars for you and your co-workers. Contact Hoffman & Lazear for a consultation about your employer’s off-the-clock practices.
If you work in California and your employer makes you and your co-workers bear
routine costs of doing business, you may have a claim under state law to
recover unlawful deductions. Does your employer deduct administrative fees from
your paycheck? Or do they force you to spend your own money to buy equipment
needed to perform your basic job responsibilities? If so, contact Hoffman & Lazear today for a free consultation about your legal options.
Has your employer played the bait-and-switch tactic on you, promising certain
commissions, and then changing the deal after you have already done the work?
If you are a California employee, you may have recourse under the state’s wage regulations and contract laws. Though you and your employer can agree to
any commission structure, the employer likely cannot alter the terms after you
have begun performance. If you believe that you and your colleagues are not
getting paid all of the commissions to which you believe you are entitled,
contact
Hoffman & Lazear to consult with an attorney.
