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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. Employment Development Dept. Call 'em |
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