My question involves labor and employment law for the state of: California
I have been working for a small company for 9 months and was told I would be started out at $14/hr. Once I started working I was told I would be salary ($1,120 every 2 weeks) - I had never been salary before and was not aware of laws. I stayed late quite a bit - working 9-10 hours a day a couple days a week. I then got a bump to $16 salary which is where I am now. ($1280 every 2 weeks)
A month or two into working there I had mentioned all the OT I was working. The HR Manager told me I was not exempt, and that I should be getting paid my OT and that I could let her know how much I worked from that point forward so she could pay me - I do payroll for this company and I felt it was a conflict of interest for me to input any additional hours to my salary. In the system however I am listed as exempt.
After 2 pay periods of collecting overtime that I worked the owner of the company told me that he doesn't want me asking to get paid for OT anymore - he said I am salary and he expects his salary people to just get their salaries. I didn't argue, I figured maybe I was in the wrong because I Had never been salary before.
Well, recently I decided to look it up and have found that in california you are required to make at least double minimum wage to be considered salary exempt.
I have never tracked my hours since I started(other than the 2 pay periods I was paid OT for) so I don't even know if I can ask for my back wages since they do not do ANY tracking of any salaried persons hours. I also am unaware if I should be asking for back wages or should I be asking to be bumped up to $20/hr salary since that is double minimum wage?
I guess I am confused what I should be requesting - to be at the correct rate for exempt or to be collecting my OT?
I have been working for a small company for 9 months and was told I would be started out at $14/hr. Once I started working I was told I would be salary ($1,120 every 2 weeks) - I had never been salary before and was not aware of laws. I stayed late quite a bit - working 9-10 hours a day a couple days a week. I then got a bump to $16 salary which is where I am now. ($1280 every 2 weeks)
A month or two into working there I had mentioned all the OT I was working. The HR Manager told me I was not exempt, and that I should be getting paid my OT and that I could let her know how much I worked from that point forward so she could pay me - I do payroll for this company and I felt it was a conflict of interest for me to input any additional hours to my salary. In the system however I am listed as exempt.
After 2 pay periods of collecting overtime that I worked the owner of the company told me that he doesn't want me asking to get paid for OT anymore - he said I am salary and he expects his salary people to just get their salaries. I didn't argue, I figured maybe I was in the wrong because I Had never been salary before.
Well, recently I decided to look it up and have found that in california you are required to make at least double minimum wage to be considered salary exempt.
I have never tracked my hours since I started(other than the 2 pay periods I was paid OT for) so I don't even know if I can ask for my back wages since they do not do ANY tracking of any salaried persons hours. I also am unaware if I should be asking for back wages or should I be asking to be bumped up to $20/hr salary since that is double minimum wage?
I guess I am confused what I should be requesting - to be at the correct rate for exempt or to be collecting my OT?
Compensation and Overtime: Salary Exempt - Not at Minimum Salary
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