Is there an easy formula for figuring the amount of dollars that is owed for over time worked (8+hrs a day) to a non-exempt employee who is not paid time and a half? I've been working for $10.00 hr (40+ weekly) since 11/2012 and my boss recently changed me to "Salary" but my paycheck is based on my working a 40hr week, not an annual amt of pay, so anything over 40 he now pays me in cash - still @ $10.00 hr. And is there a 2nd formula , percentage or set amt for figuring penalty or interest due on the amt owed for failure to pay when due? I know I don't meet the criteria in the (3) tests that would make me exempt; though not sure if that means I pass or fail =) Appreciate any help or direction.
3 Answers from Attorneys
Your employer is (and has been) in violation of several California wage and hour laws. You should not be handling this yourself. You should speak to an experienced California employment lawyer regarding your situation, or you could contact the California Labor Commissioner office near you.
OT is paid for all time over 8 hr per day or 40 hr per wk to all employees except properly classified 'salaried exempt', such as managers, professionals, etc. Just calling you salaried does not mean you are 'salaried exempt'. You should file a claim with the local Labor Commissioner, and may hire an attorney to help you.
You've raised several issues which are too complicatd to analyze on a public online forum such as this one. It would be worth your time to retain counsel to help you figure out what is owed to you now and going forward. Many employment law attorneys can help you with this for a small fee - estimate $150.00 for a 1/2 hour phone consultation.
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