What is your FLSA Overtime Law IQ?
• If a worker in California works more than 8 hours one or two days in a week where the total hours equal 40 hours or less, but does NOT receive overtime?
• For an assistant manager who does not “manage” any employees, or make any decisions concerning hiring or firing employees to work more than 40 hours without receiving overtime compensation?If you answered NO to the first question, you’re RIGHT. Non-exempt workers (those who are entitled to be paid time and a half overtime) in California are supposed to be paid overtime for any hours worked in excess of a normal 8 hour workday. If you answered PROBABLY NOT to the second question, you are also RIGHT. Some companies give their employees a promotion and a title that involves little or no change in duties and responsibilities, paying them a salary rather than an hourly wage in order to avoid paying overtime. The exemption from overtime is based on duties and responsibilities, not just title and salary. For more details on the difference between an exempt and non-exempt worker under the FLSA Overtime Law, please see our FairPay Overtime Rules page. The Fair Labor Standards Act (FLSA) was enacted to protect most hourly wage employees as well as some salaried employees, because companies sometimes knowingly, or unknowingly violate FLSA Overtime law when asking their employees to help them out with overtime because some employees need their jobs to make ends meet and feel their job is in jeopardy if they refuse. That’s where the FLSA regulations come in. Some professions and industries are more prone to overtime violations than others. See our “Is This You?” page to see if your job might be one of these. If you believe that your overtime situation is similar to one of these, please submit a Case Evaluation Form with as many details as possible so one of our Lore Law Firm overtime attorneys can evaluate your overtime situation as to whether you may have a valid case.