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Should I be receiving overtime pay even though I’m salaried?

Have you worked over 40 hours per week and felt that you weren’t receiving the wages you earned on pay day? Feeling as if your employer has shorted you on your paycheck is an upsetting feeling. Your employer is legally bound to pay you 1.5 times your normal hourly rate of pay for any time worked past eight hours and double time for work after 12 hours.

Just because you’re paid salary doesn’t necessarily mean that you cannot receive overtime pay. You’re still entitled to overtime pay if you work on salary because your employer can still calculate your hourly rate by multiplying your monthly income by 12, dividing that number by 52 and dividing that number by 40.

Beware that there are exceptions to this law. If you work as an outside salesperson, driver, or an immediate family member of your employer, you are known as an employee. Executives, airline workers and many more professions are exempt.

Your options

If you feel that you don’t fit the description of an exempt employee and your employer owes you for back overtime wages, you can file a claim with the California Labor Commissioner’s Office (CLCO). An employer who fails to pay employees for time worked such as overtime commit what is known as wage theft.

You shouldn’t hesitate to file a claim for back overtime pay because there is a three-year statute of limitations for wage violations like overtime and unpaid breaks and meals. The longer you wait to file a claim, the more likely it is that you forget details or risk losing pay stubs that could serve as evidence in your claim too.

There are a variety of ways to file your claim including email, mail, and in person at the CLCO.

Salaried employees are eligible for overtime too

Just because your employer doesn’t pay you at an hourly rate doesn’t mean that they can’t pay you overtime. Some salaried and commission employees qualify for overtime just like their hourly counterparts. If you’ve spoken to your employer about your frustrations to no avail, filing a claim with the CLCO is a good option. You should receive the money that you’ve rightfully earned.

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Winton Strauss Law Group, P.C.
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Winton Strauss Law Group, P.C.
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