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Question about non exempt pay

Discussion in 'Wage and Hour, Overtime' started by Joan, Feb 8, 2020.

  1. Joan

    Joan Law Topic Starter New Member

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    Jurisdiction:
    California
    I worked for a company who had me classified as non exempt, but I never received overtime pay.I never noticed my FLSA classification until I was terminated. Had I known I was non-exempt during my employment - I would have expected overtime for the many hours I worked in excess of my eight hours and the many times I had to answer alarm calls in the middle of the night.

    I was a management admin assistant who reported to a Director. I worked through lunches to and worked weekend hours as needed. I was on call all the time but never compensated.

    I did not clock in or out, but we had a secured work environment and all employees had to tap our badge upon entry. I never took time off without using my vacation. I worked at this pace since 2005 which was when we got acquired.

    Looking for advice on whether I have a claim or not.

    Thanks for your time.
     
  2. adjusterjack

    adjusterjack Super Moderator

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  3. hrforme

    hrforme Active Member

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    even if you could file a claim, you generally only get to go back 2-3 years and you would have needed to keep your own log of hours actually worked. Do you have that outside of badge in's which don't really prove that you worked but rather that you showed up at the office for some period of time?

    And I agree that I'm not so sure you weren't properly classified and that the note you saw in the system at termination was correct.
     
  4. cbg

    cbg Super Moderator

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    Can you give us some kind of an idea what your overall duties were?
     
  5. army judge

    army judge Super Moderator

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    The good news is that CA takes these allegations serious;y and the state agency will conduct an in-depth, fair investigation.

    Under California labor laws, a non-exempt employee who is misclassified as exempt may be able to sue their employer for unpaid wages, interest, damages, and attorney's fees.

    Some information you can research:

    https://www.worklawyers.com/exempt-vs-nonexempt-employees-california/

    A CA law firm weighs in on the topic:

    https://www.lightgablerlaw.com/pdf/articles/16/Correcting_Wage_and_Hour_Misclassification_Errors.pdf

    Your CA DIR speaks:

    Exemptions from the overtime laws

    This DIR pamphlet explains how to get the ball rolling:

    https://www.dir.ca.gov/dlse/Brochure-BOFE_WEB-EN.pdf

    All California employees have the right to file a wage claim when their employers do not pay them the wages or benefits they are owed.

    A wage claim starts the process to collect on those unpaid wages or benefits. California’s labor laws protect all workers, regardless of immigration status.

    Division of Labor Standards Enforcement (DLSE)

    You can also speak with a couple CA labor law or employment law attorneys.
    Some lawyers will represent you without any out of pocket expenses, if you appear to have a strong case.

    When you prevail, the lawyer's fees will be paid by the employer, not out of your pocket.

    Good luck.
     

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