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(In CA) I'm not exempt, not making min. salary, but am being called exempt and not paid OT. What should I do??


So I've been at this job for about 6 months. The initial hire paperwork said exempt 30k year and they wanted me to work 9 hr days. I brought this up to my boss b/c I can't work 9 hour days with a young child. He told me I was not salaried, I was hourly. On top of that, my position does not fall into the Exempt status categories. I am administrative, but do not meet those conditions. Well.. I have worked OT here and there within the last 6 months (probably about 20 hours in total) but have been paid the exact same salaried rate every two weeks. No OT pay, but it's expected of me to work longer if need be. Now, I'm due for a review and a raise and my boss is making me grovvel for the 33,280 that's required by CA state law for Exempts! He's acting like it's a merit increase when I really should've been making that all along since they've been treating me as Exempt. I should probably just find another job but I would really like for this to work out.. How would you approach this?

Are you sure you're not exempt? The FLSA lists you as exempt if you are a salaried employee making $455 per week or more with primary duties that pertain to non-manual office work.
If your contract says that you are an exempt, salaried employee then you may need to get that changed. Keep in mind, however, that they are paying you based upon salary, not hourly. If it is changed to hourly, they can reduce the salary to any amount in excess of minimum wage. It may not be worth making waves over 20 hours worth of OT in 6 months time.
If you feel that they owe you OT, visit the Department of Labor website at http://www/dol/gov and click on Wages. There will be an Overtime Advisor at this link:
http://www.dol.gov/elaws/overtime.htm
Check it so see if you are exempt or not and then follow the instructions for filing a complaint.

Employment Development Dept. Call 'em

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