Overtime Cases in California Are Simple
California overtime cases are straightforward. First you have to determine whether you are entitled to overtime. You are entitled to overtime unless you are an exempt employee.
An exempt employee is what most people consider to be management. You are management if you exercise independent judgement and manage or supervise people. Just because you receive salary does not mean that you manage people or a supervisor. Companies give out titles such as manager and put their employees on salary to cheat their employees.
The Courts do not buy it and nor should you. Why should you subsidize your employer? Do not subsidize your employer. You can compute the amount that the company owes you as follows.
Take the amount of your weekly salary—and divide it by 40 hours.
For example, if you make $1,000 a week, your hourly wage is $25 per hour, regardless of how many hours you actually worked. If you worked 60 hours a week, you are entitled to over time for 20 hours.
Assuming that you did not work more than 12 hours in a day, you are entitled to overtime at a rate of 1. 5 times your hourly wage rate. In this case, you will be entitled to 20 hours x $25 x 1.5 = $750. By not making a claim, you are subsidizing your employer by $750 a week, $3,000 a month. Do you really love your employer that much? In addition, you are entitled to penalties. These penalties are only available if you file an employment law claim through an overtime attorney.