Posted On: September 08, 2008 by David H. Greenberg

ARE YOU AN HOURLY CALIFORNIA EMPLOYEE WHO DESERVES OVERTIME PAY?

Low-level managers were recently awarded a predicted $25 million victory in court after proving that while their employer, a large supermarket chain, claimed they were salaried employees when they were in fact hourly employees. As hourly employees, these ‘managers’ were entitled to overtime pay. Under California and federal law, salaried workers are generally exempt from receiving over time pay while hourly employees usually qualify for over time pay. An experienced employment attorney will be able to help you determine whether you are an hourly or salaried employee.

Overtime pay is compensation for hours a nonexempt employee works in excess of 40 hours in one work week. Currently, an employee covered by the Fair Labor Standards Act (FLSA) must receive one and one-half times his/her regular rate of pay. However, the FLSA does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, unless overtime hours are worked on those days.

If you live in CA and you believe your employer is mis-categorizing you as a salaried employee in order to avoid paying you overtime, you might be able to recover damages from your employer. Call the California law offices of Law Offices of David H. Greenberg at 1-888-204-1014 today. Your consultation is free! And you will have the chance to speak with one of our knowledgeable employment attorneys to hear how we can help you.