Wednesday, 1 January 2014

I am a salaried employe classified as non exempt in my employee records and my hr dept says I'm not entitled to overtime. I have been workin...

Question

I am a salaried employe classified as non exempt in my employee records and my hr dept says I'm not entitled to overtime. I have been working 23 days straight and 60 hrs of overtime. What are my options.

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Answer

That makes no sense. If you are classified as non exempt you get overtime. You need to double check with HR. no company big enough to have an actual HR department would make such a blatant error.



Answer

If you can't resolve it with the employer, you can file a claim for unpaid compensation, penalties and interest with the Labor Commissioner office local to you. You are entitled to hire counsel to help you, and if you win in court to get your attorney fees paid by the company. Feel free to contact me if in SoCal.



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