Overtime Entitlement Test
Some employers illegally contend that a salaried employee with a management title is not entitled to overtime pay. In fact, an employee's title and method of compensation have nothing to do with his/her right to overtime pay in California. "Working Managers" are often owed earned OT compensation!
To see if you are being paid all that you are owed take the following test:
- If you work in the State of California and you are not paid premium overtime compensation for every hour worked in excess of 40 hours per week, or in excess of 8 hours per day, then you should take the following test:
- Are you paid a salary?
- Do you work more than 40 hours per week, or more than 8 hours per day?
- Do you spend more than 50% of your work time engaged in non-management work (such as: same kind of work as subordinates, helping customers, answering phones, stocking shelves, cashiering, packing or unpacking shipments, loading or unloading trucks, cleaning, looking up parts, preparing food)?
- If you are paid overtime compensation by your employer then you should take the following test:
- Is the overtime pay being paid by your employer less than 1.5 times your regular hourly rate (see our hourly wage calculator to convert salary payments to regular hourly rate) for each hour worked in excess of forty hours per week?
If you answered Yes to either of the above questions then you should contact Righetti Law Firm, P.C. immediately for a free, private and confidential case evaluation.
