Overtime Entitlement Test

Some California employers improperly contend that a salaried employee with a management title is not entitled to overtime pay. Under California law, an employee’s title and method of compensation have nothing to do with his/her right to overtime pay. In order to help determine whether you are properly being compensated, please take the following test. It has been our finding that “working managers” are often owed earned overtime compensation:

  1. If you work in the State of California and you are not paid premium overtime compensation for every hour worked in excess of 40 hours per week, then you should take the following test:
    1. Are you paid a salary?
    2. Do you work more than 40 hours per week or 8 hours per day?
    3. Do you spend more than 50% of your work time engaged in non-management work (this may include but not be limited to the following activities, helping customers, answering phones, stocking shelves, cashiering, packing or unpacking shipments, loading or unloading trucks, cleaning, looking up parts, preparing food, taking inventory, etc)?
  2. If you are paid overtime compensation by your employer then you should take the following test:
    1. Is the overtime pay being paid by your employer less than 1.5 times your regular hourly rate (see Common Questions for the formula to convert salary payments to regular hourly rate) for each hour worked in excess of forty hours per week?

If your answer to either of the above questions is Yes then you should immediately call the Law Office of Joseph Antonelli at 909.393.0223 OR e-mail us at [email protected] for a free, private and confidential case evaluation.

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