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Just because your employer tells you that you are exempt and not entitled to overtime, does not mean this is true! Labor attorneys know this, do you? If you can spare 60 seconds to read this article, you will be armed with the information you need to claim thousands of dollars in overtime pay. Remember you can claim up to 4 years overtime under California Overtime Laws. An administrative employee is exempt under certain rules in accordance with California Overtime Laws. This cannot be mistaken for the employee who helps in carrying out the employers’ day- to-day operations under California Labor Law Overtime. Secret 1: California Overtime Laws requires that employers pay overtime —whether authorized or not—at the rate of one and a half times the employee’s regular pay rate for hours worked over eight up to twelve hours in a work day or over 40 hours in a week. California Labor Law Overtime includes the first eight hours of work on the seventh successive day in the work week (double the employee’s pay rate for hours worked more than twelve hours in a work day). Although an employer can usually discipline an employee if he/she violates the employer’s overtime pay work policy without demanded authorization, Overtime Law in California requires the employee be compensated for hours he/she permitted to work, whether or not required. Secret 2: Some of the vital rules for administrative exemption relating to California overtime are as follows: 1) Involvement in the non manual work or performance of office related to management policies or general business operation of his employer or employers customer. 2) Person exercising discretion and independent Judgment 3) Person regularly or directly is assisting the proprietor, or helping another employee, who is employed in a bona fide administrative or executive capacity. 5) Person performing work under general supervision, work along technical or specialized lines requiring experience, special training or knowledge or a person executing only under general supervision for assigned special tasks and assignment. The above are the stated reasons for the Administrative Employee exemption. It is important for the employer to know the above information AND BE ABLE TO PROVE IT under California Overtime Laws, to sustain the exemption. In other words, the burden is on your employer to prove you are exempt and not you! Secret 3: Under California Overtime Laws, many disputes originate from the misuse of employee classifications of “exempt” and “non-exempt”. The classification also includes managers and outside salespeople. In regards to overtime pay and California overtime regulations, managers that spend more than 50% of the time doing the same task as employees are sometimes classified as “exempt”—when in fact they should be “non-exempt”. It makes no difference whether or not the employee (overtime) is salaried. That manager can actually recover for the overtime pay earned but not paid. A prominent attorney firm recently became victorious in a class action case under overtime law for employee managers of a notable moving company. If you are a California employee and believe you are owed Overtime or your employer has violated your rights, take action now and talk to an Experienced California Labor Attorney. By: Lars Sheckton
Article Source: http://www.phalenes.org/articles
Lars Sheckton is a freelance journalist who frequently contributes and comments on California Labor Law issues and how to find a good www.californialaborlaw.info >Labor Attorney . Get the only information about California Labor Laws that you will ever need in a www.californialaborlaw.info/laborlaw_ebook.pdf > Free Ebook .
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