If you have identified that you are not being paid at the rightful wage or rate, call our labor wage attorney. We will sue the employer and get you the compensation that you deserve.
There is a big difference between exempt and non-exempt employees and not knowing the laws can cause a lot of confusion. Exemption status determines whether an employee is eligible for hourly wages and/or overtime pay. As a general rule, exempt employees earn a salary and do not clock in or clock out, whereas non-exempt employees are paid by the hour, and are entitled to overtime pay for working long hours. The Federal Fair Labor Standards (FLSA) has determined the rules for exempt and non-exempt employees which can help you identify your own classification.
An employee who is classified as non-exempt has to be paid minimum wage as well as overtime work if [s]he works over forty hours in a week. FLSA legally entitles non-exempt employees to time and a half [1.5 times their usual pay rate] for every hour of overtime.
Exempt employees do not get the protection of the FLSA. Hence, they are not entitled to any overtime pay. Common examples of exempt job titles are outside sales, executives, management, and airline employees. To determine if you are an exempt employee you have the meet these 3 important requirements:
- You have to be paid minimum $23,600 in a year.
- You have to be paid a monthly salary.
- You have to carry out relatively higher level duties.
For more accurate requirement of an exempt employee, it is best to call in for a free consultation with our labor law lawyers. During the consultation our labor law lawyer can help you review your case or any illegal practices that you have experienced at the workplace.
Are you Being Misclassified?
Some employers classify a non-exempt employee as an exempt employee to avoid paying them an hourly wage and overtime. This practice is illegal and a non-exempt employee whose hours are not properly clocked can file overtime claims to the U.S. Department of Labor. The thing to remember is that most employees working on an hourly wage are non-exempt employees. However, the labor law for classifying an employee is much more complicated.
If you believe that you are being paid unfair wages, it is always best to speak to an attorney who handles employment law. Consumer Action Law Group helps employees that live in California, our labor law attorneys can help you evaluate your unfair wage case and tell you if your case is strong. If your claim is well documented, we will sue the employer at no cost to you.
Employer misclassification is common in spite of federal and state laws that are strict in cracking down on companies who misclassify their employees to lower the company cost of operations.
California Minimum Wage Law
Excluding a few exemptions, all employees of California have to be paid minimum wage as set by the state law. On July 1st, 2014, the minimum wage was $9.00 per hour and effective January 1st, 2016; it will be $10.00 per hour.
Take Action with Us
If you find yourself not receiving minimum wage or overtime payment and you are a non-exempt employee, you have to take action. We are employee attorneys that will sue your employer on your behalf. We are a law firm dedicated to labor law and our goal is to fight for our clients and their fair wages. Our labor law attorneys will talk to you today and answer your questions for free.