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Do You Know the 3 Little Known Secrets to Collecting Your California Overtime Pay?

By: Tymon Hytem California Overtime Law is designated to protect employees. The judicial courts construe overtime laws to give employees the maximum protection. If you can spare 90 seconds to read this short article you will understand some of the key dos and don’ts of collecting your overtime pay.
Secret 1: The Burden Lies with the Employer Under California Overtime Law
Under the California Overtime Law, employees are supposed to be entitled to overtime pay. California Labor Law Overtime declares that the employer—not the employee—has the burden of proof to show that it suitably paid the employee. With California Labor Law Overtime, an employee’s right to overtime pay doesn’t depend on whether an employee is salaried. In short, many salaried employees are actually entitled to overtime pay.
Of a matter of fact, neither job titles nor responsibilities govern whether one is entitled to overtime pay. As part of California Overtime regulations, overtime looks to what employees do over half their work time. While employers at times give employees insincere job titles for the purpose of evading overtime pay, this certainly doesn’t affect California Overtime rights of employees.
Overtime Law regulations state that an employer must pay overtime pay unless it can prove an employee is “exempt” from the overtime requirements.
If you believe you may be entitled to back overtime it is best to seek advice from an California Overtime Pay Attorney.
Secret 2: Employees can recover not just overtime under California Overtime Pay Laws.
Attorneys experienced in California Labor Law Overtime can usually help in a wage dispute to recover overtime pay, unpaid sales commissions, in-tip pooling, if you have been unsuitably classified as an independent contract and in other Overtime Law violations of California labor laws. These and other Overtime Law regulations exist to help assure you receive the pay you have properly earned. California labor law can help ensure you receive withheld wages and other allowances due you.
Employers face major penalties if they retaliate against employees who pursue salaries, overtime pay and of course other benefits. Employers can’t fire, harass or even demote employees due to the fact they seek their fair wage. To protect employees, California Overtime Law provides for damages, injunctive relief ordering the employer to avoid prohibited conduct and monitoring behavior of the employer, interest, attorneys’ fees and costs.
Secret 3: Employees labeled Exempt Under California Overtime Law may not be exempt at all and may be entitled to overtime pay.
Under California Labor Law Overtime, many disputes stem from the misuse of the employee classifications of “exempt” and “non-exempt”. This classification includes managers and outside salespersons as well. With California Overtime, mangers that spend over ½ of the time doing the same work as employees are sometimes classified as exempt, when actually they should be non-exempt. It doesn’t matter if the employee is salaried. That particular “manager” can actually recover for overtime pay earned but not paid.
If you feel that you may be non-exempt and entitled to overtime, be sure to contact an Overtime law attorney.

By: Kathleen Armitage

Article Source: http://www.lifeweightloss.com

Kathleen Armitage is a freelance journalist who frequently contributes and comments on California labor issues. Learn more by visiting web sites such asLabor Attorney and California Labor Law

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